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Robert Laney Hambrick's Answers
- 57 Legal Answers
- 12 Legal Guides
4
Attorney answers:
I plead nolo contendere to aggravated assult with a deadly weapon and aggravated stalking, adjudication of guilt was withheld.
Because you received a withholding of adjudication at the time of sentencing you can honestly tell any future employer that you've never been convicted of a crime. However, you'll need to go thru the facts of what happened in detail with the best possible version of what occurred and why. You'll need to show any future employer what you learned from the episode and that you are a better person because of what you endured. Remember that this is just one unfortunate event in your life, put a...
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5
Attorney answers:
Is it mandatory to participate in a field sobriety test if asked by an officer as part of the implied consent law?
Implied consent refers only to the requirement that a driver take a breath test or a blood test which measures the amount of alcohol in the blood. In Florida the law assumes that every driver has implicitly given permission to have his or her blood alcohol level measured by the mere act of driving. In some circumstances such as where there's been an accident and bodily harm or death has resulted an officer will require that a driver take a blood test, but an officer can never force a driver to...
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3
Attorney answers:
Federal agent, with fraud allegations, but won't verfy his identity
Make a record by contacting the agency he states that he represents and by contacting local law enforcement.
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4
Attorney answers:
Is a officer typically subpoenaed to show up for a deposition on a criminal case?
In felony cases the officer is often brought in to speak under oath at a deposition. But it depends on the facts and circumstances of the case as to which officers will be deposed as some officers may have no useful knowledge. Like any witness an officer may reschedule a deposition when the request is in fact reasonable, for example an officer taking chemotherapy for cancer will be aloud leeway for his treatment as would someone who has had a death in the family.
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3
Attorney answers:
Someone coming clean on fraud in Florida
The foremost concern should be criminal prosecution for Scheme to Defraud or Fraud which based on the amount of the alleged fraud could be an offense which sores prison time under Florida or Federal Jurisdiction. The fact that someone "comes clean" does not prevent the state nor the Federal Government from moving forward with a criminal prosecution.
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5
Attorney answers:
How soon do you need to hire a attorney after the arraignment? Its for a Federal drug case.
Most federal public defenders enjoy excellent reputations, know the federal court system and have a keen understanding of the best federal defenses available for the charged offense. If for whatever reason you want to hire someone else as your attorney you should find an attorney who specializes in criminal law and has handled many federal cases in the past. Below you'll find a link to How federal cases proceed thru the system.
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3
Attorney answers:
Pressing criminal charges with the State, all is under investigation and the assailant has been sent a suspect letter
While the case is being investigated a potential Defendant still has freedom of movement at least until an arrest warrant is signed by a judge or the authorities make an arrest based on probable cause. But should the Defendant attempt to make contact with the victim, make threats or in any way attempt to harass or intimidate the victim, then the authorities should be notified immediately.
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3
Attorney answers:
How do I find out if I have a capias
To find out if there is a capias also known as an arrest warrant outstanding for you do, you should first check on the internet at the sheriff's department in the county where the alleged theft took place, as many Florida sheriff's offices have placed the information online. If the information is not online then have a friend contact your local sheriff's office giving your name and date of birth and simply ask.
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3
Attorney answers:
How long can cops hold your bank account access?
Law enforcement can place a hold on a bank account when there is probable cause to believe that the bank account may be holding money which was placed there incident to an unlawful act. There is no set time period in which federal or state law enforcement must return the bank account or the computer equipment. If criminal charges are eventually filed a Judge can look at the evidence from law enforcement to determine if the hold on the bank account is justified; if no charges are file then a...
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3
Attorney answers:
MY DAUGHTER GOT SENTENCED TODAY, AND THE JUDGE HIGHLY RECOMMEND TO APPEAL.IF SHE GOT A 10YR. CAP WILL IT STILL STAND?
In order to successfully appeal your attorney will need to make a showing that the Sentencing Court made significant errors of law at sentencing or during the trial (if there was a trial). Time is of the essence. You need to immediately contact an attorney to file an appeal if you believe the Judge failed to abide by the law or your daughter will lose her right to appeal the sentence.
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