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Joseph Montrone Jr.
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Joseph Montrone’s Answers

22 total

  • Will I be brought to court?

    I was in a car with a friend last night and a policeman pulled us over for a tag light being out but also informed us that we were near a park where there was known drug activity. We denied being involved in that until the officer threatened to pl...

    Joseph’s Answer

    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 attorney can contact the assigned prosecutor before charges are filed. Sometimes early intervention can prevent a formal charge from being filed against you.

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  • When can I expunge my misdemeanor?

    I have been put into a Diversion Program in Florida for a misdemeanor. I just have to take a 4 hour class in June/2011. I have 90 days to complete this class. So, is it possible to expunge my record after I finish this class? or do I have to wait ...

    Joseph’s Answer

    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.

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

    He had already received a ticket, for driving on suspended license, following his dui. Instead of jail time, he was told he was facing week in jail, they put him on probation. He told his officer on his next visit and was told he will violate him ...

    Joseph’s Answer

    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.

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

    Charged with 893.13 (6A) after traveling in car with 2 people. The other passenger had meth in a duffle bag int he trunk. He and I were charged with posession, the driver was not. I cannot afford a lawyer and read that I could make a motion to sup...

    Joseph’s Answer

    You should request the services of the Public Defender.

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  • Florida dui

    what is the wash out or look back period for a dui in florida, and if its past that time can nthe state still use that against you and how?

    Joseph’s Answer

    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 also may not be aware of some prior convictions. Finally, you should be concerned about the possibility of the DUI conviction suspending your license as a Habitual Traffic Offender.

    You should contact an attorney in your juristiction to discuss possible defenses and concerns about the specifics of your case.

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  • Text Message

    Say I text a person and told them my side of a crime that allegedly occurred..Can they turn around and use those text message as a statement or evidence of a crime that allegedly happened.

    Joseph’s Answer

    If it can be established that you are the person that sent the text message, and the contents of the text message is an admission to a crime; then yes it can be used as evidence against you.

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  • Did Petit Theft law change? Time Limits?

    The law used to be in Florida that the third conviction within 5 years elevated a petit theft charge to a felony. I was reading the statutes and it looks like the law is now 3 thefts EVER. Is this true? When did the law change? Would a previous ch...

    Joseph’s Answer

    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.

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  • Warrant on a dui

    if you moved from a state and had not completed you dui probation or paying fines etc, would they put a warrant out for you and have you extradited from what ever state you were in ?

    Joseph’s Answer

    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, those benefits may be suspended.

    In short, you should consult with an attorney in the juristiction where the warrant is pending.

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  • I got arrested for domestic violance what do i do?

    I got arrested for domestic violance on the 5th of may. I was released the next day R.O.R. She has no injuries and no marks at all on her, all i did was push her away a cupple times. I recived 2 bites from her and some light scraches on my face. T...

    Joseph’s Answer

    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.

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  • How to get an injunction dismissed?

    my ex filed for a bogus injunction against my current boyfriend on behalf of our 2 children who live with me 4 days out of the week. He tried to get an injunction but was told there wasn't enough evidence to get it so he filed for an appeal and go...

    Joseph’s Answer

    You have only 30 days from the date of the order granting the injunction to file for a notice of appeal. The other option is that at any time, you may file a motion requesting that the injunction be dissolved or modified. I would suggest that you contact an attorney in your juristiction as soon as possible to discuss your options.

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