James Kevin Hayslett’s Answers

James Kevin Hayslett

Clearwater DUI / DWI Attorney.

Contributor Level 16
  1. Will they file charges if I don't cooperate and don't do a controlled buy ?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Steven Douglas Knittle
    3. Carolyn Capri Garber
    4. Zachary Michael Ward
    4 lawyer answers

    Interesting question. First of all the lead investigator does not make the decision to file or not file criminal charges against you. That's the job of the assistant state attorney assigned to the case. If there is insufficient faacts to go forward on any criminal charges the prosecutor will file a no info or dismiss the charges if you have been arrested. In your case there is no way of knowing what evidence the lead investigator had against you other than what you've explained. He may have...

    13 lawyers agreed with this answer

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  2. I have a refusal hearing scheduled at the DMV. A paralegal has offered to represent me for free. Is this ok?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Eric Edward Rothstein
    3. Steven Marc Raiser
    4. Benjamin J Lieberman
    5. Joseph A Lo Piccolo
    6. ···
    9 lawyer answers

    I'm not sure by what authority a paralegal can practice law ie ask questions under oath of witnesses make legal arguments etc. In most jurisdictions that could constitute a felony of practicing law without a license. I'm not sure if NY has an exception for Admin Hearings.

    15 lawyers agreed with this answer

  3. Can I ignore notice of violation?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Harry Edward Hudson Jr
    3. Dale Christopher Carson
    3 lawyer answers

    Pay the ticket. At this point it is almost the same as a parking ticket meaning no points of your drivers license and your insurance company doesn't get notified. Make sure you pay the ticket timely otherwise it converts to UTC which may result in points and notification to your insurance company

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  4. I WAS STOPPED AND CHARGED WITH A DUI. CHARGE REDUCED TO A RECKLESS. DO I HAVE TO ATTEND ALCOHOL COUNSELING BY THE FL DMV?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Matthew Phillip Konecky
    3. Stephen Christopher Brown
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    First of all your required as a condition of probation to do DUI school. Typically the DUI school Is one of the conditions of probation for a reduced charge of reckless driving from a DUI. That being said the DUI school is made up of the school plus the alcohol evaluation and counseling. Once you start DUI school if you fail to complete it or do not complete the counseling requirement the DMV will suspend your license. For the past two years and additional condition that the DMV places upon a...

    13 lawyers agreed with this answer

  5. I recieved ticket in mail for DUI 3 months after accident blood was taken at hospital I did not know.

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. David S Katz
    3. David Ashley Haenel
    4. Joshua Eli Adams
    5. Mark H Randall
    5 lawyer answers

    The blood Alcohol results which were the genesis of the ticket you received the mail were not obtained through your medical records. If you were involved in an accident and were unconscious they (leo) would've taken your blood without your consent. If you had suffered serious bodily injuries or another person who was involved in the accident had suffered serious bodily injuries or death they would've taken your blood even by force under four statute 316 .1934. This is a fairly common...

    13 lawyers agreed with this answer

  6. BF charged with burglary of unoccupied conveyance, unarmed - what are our options?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Thomas Klemens Almquist
    3. Robert Jason De Groot
    4. David Richard Damore
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    First of all you do need to retain an experienced criminal defense attorney to assist you with this matter Also remember just because you've been arrested does not mean you'll be charged with the offense for which you were arrested. That's where a good attorney will come in, he or she will advocate for you to the state attorneys office to encourage them either to file a no information which means dismiss the case or file a reduced charge like you mentioned a trespass. Unfortunately, it's...

    13 lawyers agreed with this answer

  7. Stole from my job and going to court. but I am paying them back.

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. David Richard Damore
    3. Heather Morcroft
    4. Mark H Randall
    4 lawyer answers

    If you don't have an attorney you need to hire one. Based upon your question and fact pattern you should be eligible for intervention program. This allows you to pay back restitution, which apparently you already have, do some community service hours perhaps attend a shoplifters awareness class and if you successfully complete all of those conditions your case will be dismissed. But you do need an experienced criminal defense lawyer to help you through this situation. Good luck

    13 lawyers agreed with this answer

  8. Is it mandatory that you get released from jail if you are not formally charged with a crime

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Joseph Julius Registrato
    3. David Richard Damore
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    There are two things holding a person in jail under your fax scenario. First there's the bond on the new charge of simple battery. Second and more importantly the bond status of the violation of probation. Just because the state of abandones the charge of simple battery does not mean they cannot go forward with the violation of probation. Don't think of the 30 days as a get out of jail free card. But on a brighter note if the new charge of simple battery is the only basis of the violation of...

    13 lawyers agreed with this answer

  9. Should I put I was convicted on my application if the charge was "adjudication withheld" and could I get it expunge?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Amir A. Ladan
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    If you received a withholding of adjudication on your grand theft charge you can accurately state that you were not convicted of the felony. However, if you violated your probation and went to jail more likely than not the judge would have adjudicated you guilty. If you pled no contest received a withholding adjudication and have no other prior or subsequent criminal offenses you would be eligible to have your case sealed. Remember in order to have your case sealed you need to make an...

    13 lawyers agreed with this answer

  10. What is my best recourse for a false DUI arrest by a Florida Highway Patrol officer that blatantly lied on the arrest report?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Anthony Gerald Ryan
    3. Joshua Stephen Alexander
    4. Charles K. Kenyon Jr.
    5. James C Forslund
    5 lawyer answers

    Lawsuits against police agencies are difficult but certainly not impossible. The plaintiff (you) must prove that the LEO did not have sufficient probable cause to arrest you. Additionally law enforcement enjoy qualified immunity which makes it difficult to get by summary judgement. That being said a public arrest to someone with no priors having to endure the stress and expense to clear ones name does have value, both to the client and an attorney. There are several excellent attorneys in the...

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