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Jackson Keith Hilliard

Jackson Hilliard’s Answers

57 total


  • Can you appeal how long you are sentenced to a Interlock device on your vehicle?

    On November 8, 2012 I was sentenced for my first DUI charge AND for my second DUI charge plus refusal to submit to a chemical test charge. In both instances, I did the breathalyzer and blew .000. In both instances, I refused to do a urinalysis ...

    Jackson’s Answer

    Mr. Provis is correct, you missed the deadline to file an appeal. However, let's say that you did hypothetically appeal this case and that you hypothetically won your appeal. The appellate court would have then issued an order to strike the ignition interlock language from your judgment and sentence...hypothetically. Unfortunately, the FLHSMV would have probably imposed the ignition interlock administratively. In other words, there is virtually no way to avoid the interlock device in your case, especially for a 2d DUI conviction. If the interlock is not imposed by the criminal/traffic court, then it will get imposed by the FLHSMV through an administrative procedure. The odds of getting around that are slim to none.

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  • Can a 23 year old man avoid jail time for impregnating a 17 year old.

    They were dating for about 2 years before the pregnancy. She got pregnant when she was 16. She will be 18 In May 2015. They are still a couple. He is 100% involved in the baby's life.

    Jackson’s Answer

    • Selected as best answer

    The short answer is, it depends. The 23 YO man could get probation, which avoids jail time. However, he is not immune from prosecution.

    What you may be thinking about is something called the "Romeo and Juliet" law. Florida’s “Romeo and Juliet” law was created in 2007 to address concerns about high school age youth being labeled as sexual offenders or sexual predators as a result of participating in a consensual sexual relationship. This law applies to teens and addresses post-conviction issues.

    Your guy could get jail time, or probation. It just depends on a lot of different things like his prior record and the degree to which the young woman's family wishes the state to prosecute.

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  • Is shoplifting a disqualification for working in a child care facility in Florida? The arrest was over 5 years ago!

    Arrest report and certified deposition of judgment was requested. The case was dismissed but probation for 1 year was served. I've been in the field of Early Childhood for 20 years with no problem of clearance until I moved to Orlando. I've never ...

    Jackson’s Answer

    I would have to have more information about your case, and the job for which you are applying. If your case was dismissed, but you still did something like probation, it is possible that you participated in a pre-trial diversion program. If so, then you might not be a convicted criminal. Also, I would have to know whether you are applying for a job that requires some type of state certification. Some certifications are governed by statute, some by administrative code, some by professional associations. You have to actually read the qualifications for certification that apply to your particular field. Some certifications require no criminal record at all. Some require no felonies but allow misdemeanor convictions. It all depends on your job and what you are trying to qualify for.

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  • If I posted on Facebook about the location of a speed trap setup by police is that obstruction?

    There is a speed trap setup by a motorcycle cop on Lake Nona Blvd and Narcoossee in Orlando postal code 32827. I posted on my Facebook page about him sitting there every day around 9:30am because I have only heard about Mother's with kids in the ...

    Jackson’s Answer

    The short answer is that it is not. Simply posting that in your opinion, a certain stretch of road is a "speed trap" does not make you criminally or civilly liable. However, if your post were to encourage illegal behavior or advocate that drivers do something to subvert the "speed trap" then maybe. However, simply telling people that there is a speed trap nearby is not illegal.

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  • Do I have to answer yes in a public school volunteer form if convicted before if I was nolle prossed&expunge in DV case ?

    I was arrested 3 months ago in a misdeamenor DV case, my case was dismissed & expunge process is going on, schools are back in few weeks & I want to volunteer at my kids PUBLIC school & I don't want to mention that I was arrested or anything, sinc...

    Jackson’s Answer

    Make sure you read the question carefully. Often, background checks will ask if you have ever been "arrested" for something. Obviously, an arrest is not a conviction. However, it is important to make sure you are absolutely clear. If the background check asks for an arrest record, you would have to answer that truthfully.

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  • IS DUMPING TRASH TICKET A VIOLATION OF PROBATION?

    MOVING FROM OLD HOUSE, CLEANING BACK YARD PLACE OLD THINGS IN THE BACK OF THE HOUSE TO MOVE THEM TO FRONT OF THE HOUSE SCHEDULE A TRASH PICK UP, POLICE PASS BY AND GAVE ME-MY FRIEND A TICKET SHE IS ON PROBATION. IS THIS A VIOLATION?

    Jackson’s Answer

    A probationer violates her probation when she "willfully" commits any new law violation while on probation. Technically, the facts you describe above could be considered a new violation. Realistically, I doubt the state attorney or judge will consider this a willful violation. Much of the time, these kind of things boil down to discretion. If the probation officer likes you, the he or she tends to find that you did not willfully violate in these type situations. On the other hand, if you are a difficult probationer, or your probation officer doesn't like you, then this is the type of thing the probation officer might use against you.

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  • How to handle an extortion attempt?

    I noticed a friends home s door open so stopped to check on welfare of my friends. I stood on porch knocking and yelling names inside. No reply so I enteredu to notice disheveled room. I called as looking for occupants as husband has history of wi...

    Jackson’s Answer

    I think the best thing you could do right now is avoid contact with your neighbor and contact an attorney. If you contact the PCSO directly, then you will have to give them a statement. That means you necessarily have to waive your right to remain silent. You are putting yourself at risk of not only being the target of a burglary investigation, but also supplying the main evidence that the PSCO will use against you in that investigation. In addition, if you call the PCSO, a detective will come to your house and insist on coming inside. Once inside your house, you are subject to something called plain sight and plain smell. If the detective sees or smells anything in your house that looks suspicious, he will likely look into it. He does not have to read you your Miranda Rights, unless you are under arrest.

    If you are truly worried that this guy will file a false police report, you should contact an attorney so that he and you can give the PCSO an official statement. I'm not suggesting that you have anything to hide. However, many of my clients have come under investigation themselves when they called the police to report a crime. It is sad. But you have this into consideration.

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  • Only got 4 points 3rd degree felony what is sentence poss over 21 gram

    10 lb

    Jackson’s Answer

    10lbs is serious. It's in the trafficking range, which carries minimum mandatory sentences. You need to speak to an attorney face to face as soon as possible. You are looking at years and years of prison time with no possibility of early release.

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  • If offered 22 months in prison and are able to use a downward departure how much time will my one get

    Can a downward departure be used? and if so how much time if he has already been offered 22 months. PLEASE HELP aggrivated battery with a deadily weapon or aggrivated battery with great bodily harm

    Jackson’s Answer

    You or the accused will have to consult with an attorney face to face to see whether he qualifies for a downward departure. Not everyone does. And the judges really don't like to give them out because it's risky for them.

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  • Can someone refuse another physiological test if that person pass the test in a State Hospital?

    My friend was found incompetent to stand trial she too k a test and didn't pass it, so they send her to a State Hospital for evaluation. She was discharge after passing all the tests. On her way back she had a hearing and the Prosecutor ask for ...

    Jackson’s Answer

    "Competency" represents a very complex concept. However the gist is that when someone is accused of a crime, he or she has to understand what is going on and be able to communicate in a meaningful way with his or her attorney. Competency is a fluid thing. Just because a person is competent one day, does not mean that he or she will be competent tomorrow. And vice versa. There is no limit to the number of competency evaluations a person can have, within reason. If the prosecutor is worried that you friend is incompetent, that is not necessarily a bad thing. The state is not allowed to prosecute an incompetent person.

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