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Garry Lee Potts's Answers
- 270 Legal Answers
- 9 Legal Guides
2
Attorney answers:
Why does it take 6-7 people to get a deposition also Plea Deal what does this mean?
Generally depositions are for the purpose of discovering what the State Attorney's witnesses are going to say if they testify in a trial. In Florida there are liberal discovery rules which seek to prevent ambushes or surprises during the trial of a case. They are usually a good thing, since it allows attorneys to know in advance what each witness is going to testify to and permits the attorneys to plan their trial strategy accordingly, rather than just "winging it" as testimony develops...
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3
Attorney answers:
I cout driving miy 150cc scooter without a licens in florida what doo i need to doo
You should do a few things. First, get a dictionary, especially for anything you write which is meant for public viewing. That includes any court papers or pleadings you file in your case if you intend to represent yourself. Your question contains many misspelled words which make it harder to understand what you mean, as well as detract from the credibility of what you are trying to say. I don't mean to be harsh, but its the truth. Secondly, you need to be careful about what you plead to...
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2
Attorney answers:
If you get arrested, the arresting officer has to tell your legal guardian/parents exactly why they arrested you?
If a person being arrested for a crime is 18 years old or over the police don't have to tell anyone anything about the arrest, other than filing out the proper paperwork for the jail. They should tell you the charge of course, or if not, the judge will inform you of that at the 24 hour Advisory hearing the next day if you don't bond out of jail. In fact, both the police and later the State Attorney's Office can change their mind about the charge and change it whenever they like as long as...
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2
Attorney answers:
Financial Statments
In theory there are very severe potential penalties. Since the financial statements in a dissolution of marriage are sworn documents, intentional falsehoods which were material to the divorce proceedings could be the basis for criminal perjury charges, as well as possible contempt proceedings by the judge for fraud upon the court. However, in reality it is rare that the police or the State Attorney's Office will want to become involved in bringing criminal charges for financial statement...
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3
Attorney answers:
Careless Driving - Traffic Court - Why wasn't it dismissed?
Your question illustrates a valuable point for people who intend to contest a traffic infraction based upon lack of evidence by the police officer. Since a traffic infraction is considered non-criminal the civil rules of evidence and procedure apply (modified somewhat by the Rules of Traffic Court). In a civil trial, the defendant can be called as a witness and forced to testify. So what happened in your case is that the Judge, before ruling on a motion for judgment of acquittal, called you...
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3
Attorney answers:
New 4th DUI law in Florida
As stated in the first answer, the judge should have ordered DUI school and any required alcohol counseling as a condition of probation; however, sometimes judges might decide not to impose conditions that don't make sense to them. In your case, the judge might have decided that it made no sense to order you to attend a driving school when your license was being revoked for life. As long as the State did not file a timely appeal of the sentence, then it would stand. You do need to be very...
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4
Attorney answers:
Can a VOP be dismiss if the charges that caused the violation are nolle prossed ?
The VOP does not necessarily have to be dismissed due to a dismissal of the underlying violation charge by the State Attorney's Office, since the standard of proof for a Violation of Probation is lower than that of an original criminal charge. In other words, the State may have determined that they did not have enough evidence to convince a jury beyond and to the exclusion of a reasonable doubt that your son committed the crimes of Disorderly Intoxication and Resisting Arrest; however, in the...
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3
Attorney answers:
Can I receive a lpn license with a misdemeanor battery charge
As long as your battery was not a felony and did not involve sexual allegations or a victim who was an elderly or disabled adult or a minor, it should be possible for you to obtain a Florida Nursing license. However, each case is evaluated by the Florida Nursing Board on a case by case basis, and there are no guarantees. You should refer to the Department of Health website for further information: http://www.doh.state.fl.us/mqa/nursing/ap_licensure-rn-lpn.pdf. Good luck!
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3
Attorney answers:
I live in Florida and want to divorce my wife that lives in Peru, can I divorce her without she been in U.S?
You can file for your divorce here in Florida if you meet the six-month residency requirement. However, obtaining service of process of the divorce documents on your wife in Peru is likely to be a problem for you. Peru is not a signor of the Hague Service Convention, which makes international service of court process documents easier. The method you would have to follow to serve the papers on your wife in Peru would be through a "Letter Rogatory", which can be expensive and take a year or...
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4
Attorney answers:
If he was working in pawn shop and he was charged dealing with stolen property. is he working in a pawnshop again when it'sdone?
Probably not. The Pawnbroker Statute in Florida prohibits anyone who has had a felony or a theft or dishonesty charge from being hired to work in a pawnshop for five years after the sentence was imposed.
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