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Sean Keith McQuaid

Sean McQuaid’s Answers

77 total


  • Can I refuse to plea in an administrative court (ie: for a traffic ticket) until tried by a jury of my peers?

    For the sake of the question I either refused to sign the traffic ticket or if signed followed with "without prejudice / under protest " to not consent to being tried under the administrative courts jurisdiction.

    Sean’s Answer

    You are not entitled to a jury trial. If you plead not guilty, your case will be transferred to the Courthouse on 49th St for night court in front of a Magistrate. If you plead not guilty and request your case to be transferred to a County Court Judge, you will be assigned Judge Pierce if the incident was north of Park Blvd, or Judge Overton if it was south of Park Blvd.

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  • Is there anything that can be done? Slander or Defamation charges?

    Okay so today i went to circlek today getting off the buss after school becaus my girlfriend had to pee and there was a line for the bathroom so we went and looked at thr beef jerky and she looked at all the different kinds of jerky and she picked...

    Sean’s Answer

    I've heard that the changing table in the bathroom is the perfect place to eat beef jerky. Seriously, I hope your girlfriend at least washed her hands before dining...

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  • I voluntarally surrended my car because i could not afford it anymore and it was sold at auction now lender states i owe 6000.00

    I AM VERY NERVOUS I DONT WHAT WILL HAPPEN TO ME .

    Sean’s Answer

    You have good reason to be nervous. Contact the lender to obtain the documentation as to whether the vehicle was sold in a commercially reasonable manner. If you cannot work out the issues on your own, I would hire someone to help.

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  • Can I seal my record for a misdemeanor and subsequent VOP and DWLS charge at the same time?

    Adjudicated guilty (overworked PD) was on probation with early term, paid off restitution and they (Salvation Army) failed to term my probation missed meeting and got VOP. Judge let em have it at hearing. This is keeping me from employment.

    Sean’s Answer

    You cannot seal given your current situation. But, there may be a way to reconsider the sentence in order to get the adjudication reversed. It would be unlikely, but not impossible. Contact a local lawyer to discuss the specifics.

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  • If I agree by email to sign letter of intent as a seller of business, but have not signed and want to sell to someone else.

    Does the 1st potental buyer have recourse. No escrow or deposit has been made.

    Sean’s Answer

    I agree with the previous answers. Get a local lawyer to review what you have done before you expose yourself to litigation. Mr. Haas is well qualified to help you, I suggest you contact him. Good luck.

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  • My landlord has a drug and alcohol problem and has been breaking into my apt. When he knows I'm not home and gone for the day.

    So far just this week he show up and waved a check under my nose that was on my fridge but disappeared in November when i took my daughter to her court date. He had to break in to steal that check. What is the protocal? I filed a report with the p...

    Sean’s Answer

    Your landlord stole a check off your refrigerator and then showed up in January and waved it in your face? Did he/she fill it out? Did you cancel it? Did you realize that the check was missing for the past month or so? Something sounds really off about your scenario. If the police didn't believe you and didn't do anything about it, I doubt any lawyer is going to get involved. However, you may want to contact Gulf Coast Legal Services, here in town. They are specialists in landlord tenant issues and may be able to help.

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  • Aarons Rentals came by and picked up merchandise at my request. They now claim items were missing and are calling police.

    I had Arrons in Largo,Fl come and take back T.V.,Chair and Xbox Bundle. The drivers opened Xbox and plugged it in to make sure it worked. 5 hours later the store manager called to say 2 controllers,a game and kinect were missing. The driver who p...

    Sean’s Answer

    The criminal complaint against you would be failure to redeliver leased personal property under Fla. Stat. 812.155. Although I would expect the police to consider this a civil matter, without a receipt, it is going to be your word against the driver's. I would be very careful because this matter could have been referred to the Office of the State Attorney for investigation and prosecution without your knowledge. Contact the store to follow up and if you do not get satisfactory answers, you really need to consider hiring a lawyer before this gets out of control.

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  • Im in Florida I have a PA licences I need a florida dl but i have a warrant in fl for VOP would they arrest me at the DMV?

    VOP is active

    Sean’s Answer

    No, they do not check for warrants at the DMV, but you are really playing with fire. You really need to get the VOP resolved before you get arrested. I guarantee you that the punishment will be less severe if you turn yourself in voluntarily while consulting with a lawyernnwith a good strategy.

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  • Can I legally use audio recording (state is Florida) to record outside in the public as in at the beach?

    When I am attempting to get my daughter from my ex-boyfriend (her father) at an arranged meeting place and time he consistently begs and pleads to keep her, and then tells our daughter (3 years old) how much he misses her and loves her and she sho...

    Sean’s Answer

    Yes, there is no reasonable expectation for public conversations. Your situation does not fit into Fl. Stat. 934. Just make sure the activity is public because you do not want to go down that road with an angry ex.

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  • HOLDOVER TENANT - Count I - removal Count II - double the rent - do I need Count III for damages?

    I know the the tenant has probably destroyed the apt and I want to make sure that I can get the damage claim. The form I have ready shows Count I and Count II. Thank you.

    Sean’s Answer

    You don't need three counts. Just add the double rent under Fl. Stat. 83.58 as part of your claim for damages under Count II. Good luck.

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