Haydee C. Oropesa's Answers

Getting a no contact order and charges for domestic violence dropped

As a criminal defense attorney in the state of Florida I would approach the following issue in this manner. I would schedule a hearing before the court issuing the order if it were the alleged victim's wish to have resumed contact with the individual charged with domestic violence. Typically, what happens in this situation, the court will want to ascertain whether the alleged victim in fact wishes to have contact with the person charged, is requesting so freely, and expresses that he/she is...

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I was charged in 1998 for possession of a forged instrument. I recieved probation, community service and had to pay restitution.

If you have been "found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year" under Florida Statute 790.23(1)(e) then you are unable to possess a firearm in Florida unless your civil and firearm rights are restored. I would call an attorney in Alabama to check the disposition of the 1998 felony case to see if you were found guilty/convicted of that offense.

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Can you have a aggravated stalking charge expunged from your records if you were convicted?

It is state specific. In the State of Florida, you are unable to expunge an aggravated stalking, even if adjudication is withheld. If you are inquiring about another state, you should contact an attorney practicing in that state for advice.

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Today is the 33rd day my boyfriend's been in jail without being formaly charged or recieving a court date. When will he get out?

The attorney representing your boyfriend must file a motion with the court in order to address this issue. Under Florida Criminal Procedure Rule 3.134 an individual not formally charged by the 33rd day should be released unless the State files charges by that day or presents good cause for a 7 day extension. If the State is granted this extension they must file a criminal information by the 40th day or else your boyfriend must be released.

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How long before a person is released from custody, requirements for probably cause in WA state

In the State of Florida, the state must file formal criminal charges on defendants in custody within 30 days from the date the person is arrested or served with an arrest warrant. If by the 30th day the defendant is not charged, the court must order the defendant released by the 33rd day unless the state files its formal charge by that date. If the state presents good cause, the time can be extended to the 40th day, but cannot go beyond 40 days without a formal charge being filed while the...

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I have my court date tomorrow on five charges . I am not sure how to plead. No priors .

You should speak with an attorney about the facts of your case before you enter a plea in order to decide what the best course of action you are to take. You may be eligible for a diversion program. Individuals with no prior record are generally eligible for this type of program that allows eventual dismissal of the charges should the individual successfully complete the program. It is also important to speak to an attorney in order to determine whether there are any available defenses or...