Joseph Montrone Jr.’s Answers

Joseph Montrone Jr.

Largo Criminal Defense Attorney.

Contributor Level 9
  1. What is the most likely punishment for burglary dwelling structural damage over $1000?

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Matthew Phillip Konecky
    2 lawyer answers

    If you are charged with burglary of a dwelling in the state of Florida, under the sentencing guidelines, you will be scoring mandatory prison even without a prior record. You should consult with an experienced criminal defense attorney in your area about your case.

    Selected as best answer

  2. When i put my name on a search in google it shows a mugshot from a 2005 dui is that right. I dont think so

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Anthony Rubino
    3. Robert Louis Miller
    3 lawyer answers

    Unfortunately a booking photo is a public record. If you were convicted of DUI in the state of Florida, you cannot seal or expunge it.

    1 person marked this answer as helpful

  3. Will I be brought to court?

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Jeffrey David Boston
    3 lawyer answers

    It sounds like the officer is referring your case to the State Attorney's Office on a non-arrest basis. The State Attorney Office will review the case and determine if there is sufficient evidence to charge you. If upon reviewing the case they decide to charge you; you'll get a summons to appear for the misdemeanor charge of possession of marijuana and possession of paraphernalia. You should contact an attorney in the Winter Springs area now to discuss your possible defenses. Also, the...

  4. When can I expunge my misdemeanor?

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Jedediah A Main
    2 lawyer answers

    If you enter a diversion program you cannot seal or expunge the charge until after the case is completely resolved. You can only seal or expunge certain cases (charges) as well. If you have been convicted of a prior crime you cannot seal or expunge any subsequent case. You should consult with an attorney in your area about your case as there may be other options available to you.

  5. My roommate is on probation for 1st dui. He was driving on his suspended license, and received a ticket.

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Matthew Phillip Konecky
    2 lawyer answers

    He can get up to 6 months county jail on the DUI charge, up to 60 days on the 1st Suspended License Charge (assuming it is his first), and up to a year in the county jail on the second Suspended License Charge. If convicted of all three charges, he will also be facing a 5 year driver's license suspension as a Habitual Traffic Offender. Your roomate should seek the services of an attorney in the Coral Springs area on these charges.

  6. Best way to fight 893.13 (6A) charge when I cannot afford attorney?

    Answered over 3 years ago.

    1. Lisa Michelle Figueroa
    2. Joseph Montrone Jr.
    3. Scott Thomas Moorey
    3 lawyer answers

    You should request the services of the Public Defender.

  7. Florida dui

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Craig A. Epifanio
    3. John S. Castro
    4. Erick Masten Platten
    4 lawyer answers

    There is not a time period where your criminal record washes off or becomes clean. The State will look at all of your crimes in considering a sentence. In the context of a DUI, generally the State will be interested in your in prior DUI's because they may inhance the fines, jail time, driver's license suspension, and whether the case is a felony or a misdemeanor. The other potential issue is whether the State is able to prove prior old convictions or out of state convictions. The State...

  8. Did Petit Theft law change? Time Limits?

    Answered over 3 years ago.

    1. Jeffrey David Boston
    2. Joseph Montrone Jr.
    2 lawyer answers

    The law does read that if you have two or more previous convictions for petit theft, you can then be charged with a felony petit theft punishable by up to 5 years in prison (third degree felony). There is no limitation on when the prior convictions occurred, and I don't believe there has been a time limitation on the convictions such as in a DUI case. So yes, if there is a recent charge and one of the prior convictions occurred in 2005; it could be used to enhance the charge.

  9. Warrant on a dui

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Scott Thomas Moorey
    3. Robert Edward Heyman
    3 lawyer answers

    You are probably facing a violation of probation warrant from the state/ city that prosecuted the DUI. It is possible that they may extradite you to that state. It is more likely to happen if it is a felony DUI. However, it is up to the prosecutors to make that decision. In addition to the possiblility of extradiction, your driver's license will probably get suspended (if it hasn't already). Finally, if you are receiving Social Security Disability benefits and you have a pending warrant,...

  10. I got arrested for domestic violance what do i do?

    Answered over 3 years ago.

    1. Joseph Montrone Jr.
    2. Matthew Phillip Konecky
    3. Donna Hung
    3 lawyer answers

    You need to consult with an attorney as soon as possible. You also need to stop putting in print what happened when you got arrested. Law enforcement often looks at social media to see if an accused is making written admissions. A domestic battery arrest and/or conviction can have a significant impact on your life, record, and potential employment.