James Kevin Hayslett’s Answers

James Kevin Hayslett

Clearwater DUI / DWI Attorney.

Contributor Level 16
  1. Split sentencing for 10 year burglary charge?

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. John Skyler Riordan
    3. Carolyn Capri Garber
    4. Deborah S. Moss
    4 lawyer answers

    A split sentence is where he receives part of a prison sentence and part of either probation and/or community control. It appears from your question and the facts you presented he entered a plea and was sentenced under the sentencing guidelines to 10 years Department of Corrections. The options he has are limited. File an appeal if it was an illegal sentence. I don't believe it was.. File what's called a 3.850. This means that the lawyer he had was insufficient or improperly advised him of...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. He pled possesion with intent thats what he was advised to do to not recieve jail time, he was given 2years prob. was not inform

    Answered over 2 years ago.

    1. James Kevin Hayslett
    1 lawyer answer

    Your story is not a new one. There are a plethora of clients who plead to felonies or misdemeanors involving moral turpitude that find out after the fact that they are being deported. You need to contact an immigration attorney immediately who may work in conjunction with a criminal defense lawyer to try to set aside your plea especially if you were not informed about the ramifications of deportation upon conviction. Usually that language is standard in any plea colloquy.

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  3. Can i get the license for cna or plebotomy with a felony?

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. John Skyler Riordan
    3. Patrick T. Donovan
    3 lawyer answers

    It would be helpful to have a little more information. First did you receive a withholding of adjudication on both charges? Did both the charges arise out of the same incident? If you received it withholding adjudication and both charges arose out of the same criminal incident, meeting to count information they may be eligible to be sealed and later expunged. Otherwise, they will be on your current criminal record and will be viewed as part of your background check. I'm not sure whether or not...

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  4. What are my consequences for shoplifting at Walmart?

    Answered about 2 years ago.

    1. James Kevin Hayslett
    2. Curtis Lamar Harrington Jr
    3. Andrew Stephen Roberts
    4. Joseph A Lo Piccolo
    4 lawyer answers

    A couple of questions first. Is this your first criminal offense? If it is you may be eligible for a diversion program which will require you to pay restitution, meaning you have to pay back the money or give back the merchandise plus do community service hours and/or pay some court costs. If you do this your case may be dismissed. Otherwise you would be looking at a small fine and or a period of probation.

    10 lawyers agreed with this answer

  5. What a dismissal 1203.4 of a DUI mean? Does it mean i do no longer got a DUI on records or what? I am confuse Sacramento, CA

    Answered about 2 years ago.

    1. James Kevin Hayslett
    2. Daniel C Grupenhagen
    3. James Lawrence Knox
    4. Denis Hurley White Jr
    5. Robert Laurens Driessen
    6. ···
    6 lawyer answers

    You are eligible to have your case dismissed under 1203.4 Under the following conditions: Paid all your fees, court costs and completed all probation conditions. Pay a filing fee in the amount of $120 That a person could not have been arrested or convicted of any other charge within a year of pronouncement of sentence.

    10 lawyers agreed with this answer

  6. Struck by Vehicle, Criminal charges are being pressed. What are my rights?

    Answered about 2 years ago.

    1. James Kevin Hayslett
    2. Joseph A Lo Piccolo
    3. Christopher B. Abbott
    4. Gary A Kester
    4 lawyer answers

    I would contact an experienced PI lawyer in your town to assist you. Way to early to attach a monatary figure to the case.

    10 lawyers agreed with this answer

  7. If I plead guilty to reckless driving to I have to check that I have been convicted of a misdemeanor or felony on a job aplicati

    Answered about 2 years ago.

    1. James Kevin Hayslett
    2. Ronald Lee Bell
    3. Herman Gene Burkett Jr.
    4. Judy A. Goldstein
    5. Melissa I. Smejkal
    6. ···
    6 lawyer answers

    The truthful answer is you were convicted of a misdemeanor NOT a felony.

    10 lawyers agreed with this answer

  8. I was forced by my attorney to accept a plea on a wet reckless case.

    Answered about 2 years ago.

    1. James Kevin Hayslett
    2. Daniel C Grupenhagen
    3. David Matthew Piper
    4. Michael James Kennedy
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    If you were forced under duress to plead to a reckless driving you may have a legal basis to have your plea withdrawn. This burden is a high one and I would discuss this matter with your current lawyer. Please remember that the administrative DMV hearing is much different from the criminal hearing. The burden of proof is different and typically at the DMV level the officers do not have the benefit of an assistant district attorney coaching them and leading them through their testimony. It's...

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  9. Received DUI in Florida, refused breath test. Trying to move to Colorado once I receive a FL Restricted license. Can I do that?

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. Daniel Nelson Deasy
    3. James C Forslund
    3 lawyer answers

    Well the good news is that you can get a Florida hardship license after the 90 day hard time has elapsed. This is provided you don't win the administrative DMV hearing in which your full license will be restored. Once you obtain your hardship license from Florida however that does allow you to drive for business purpose only reasons anywhere. The problem is if you want to be a resident of Colorado and turn in your Florida drivers license and obtain a Colorado drivers license the one-year...

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  10. Could i ask a judge to terminate my probation even though i still owe court fees and community service?

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. Benjamin David Goldberg
    3. Wesley Kent Hill
    4. David Taylor Kaye
    5. Robert M. Gardner Jr.
    5 lawyer answers

    You could but the chance of the court granting your request would be very low. I would recommend that you complete all conditions first unless special circumstances have arose such as a health issue significant financial change of circumstances. Even is it was granted the fees would turn into liens.

    10 lawyers agreed with this answer

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