You need to contact your Public Defender and see if he can waive your appearance under the circumstances. If he cant waive your appearance and you cant hire an attorney that will, you are likely to end up being re-arrested on a warrant for failing to appear.
In Florida the State can file a misdemeanor charge withing 90 days of the arrest or withing 175 days of a felonty arrest, if speedy trial has not been waived. Not sure what you mean with regards to your statement that the "state Attorney is trying to trap arrestee." There is typically no communication between the prosecutor and the arrestee between the arrest and filing of the charge, unless the prosecutor is communicating with the arrestee's attorney. If you dont already have an attorney i...
You need to hire a lawyer to represent you ASAP. You have 10 days from the date of your arrest to challenge the suspension of your license and you need to hire an attorney to handle that for you. Your attorney will discuss the specific facts and craft a defense for you.
This would have been something to discuss with your attorney before you pled; however, I will attempt to answer now. If your license has previously been suspended for refusing to submit to testing, then yes you can be convicted of a criminal misdemeanor for refusing to submit to testing. Any potential defenses to the charge should have been discussed prior to resolving the case.
It depends on whether they are testing for it. If you are not allowed to consume alcohol then you should not consume alcohol unless you want to be violated. Alcohol stays in your system for hours so if you consumed alcohol the night before and go to test in the morning there might still be alcohol in your system depending on how much you consumed the night before. Better to be safe than sorry and not consume even if you are allowed.
When someone is arrested, or faces criminal charges, that fact is reflectd on his/her record. Any background check can reveal both misdemeanor and felony charges. The best thing to do after a case has been resolved is to have that record sealed or expunged, if eligible. Our firm would be glad to give your or your daughter a free consultation as to whether your daughter's record can be sealed or expunged. Feel free to give us a call at 727-443-1562. Rick Rivera.
No one can give you a definitive answer; however, I suspect that Florida would have you extradited on a Felony charge. I would advise you to consult with a local attorney that can help you with the violation. Running from the problem will only make things worse once you are caught.
It is possible. You need to hire an attorney to file a motion before the court. Your attorney will have to convince the judge that there is a good reason for this and that under the facts of this case you are deserve a break. Cant comment on whether the judge will grant your motion but it doesn't hurt to ask. I would consult with an attorney right away so you can give him all the facts and he can give you a better idea of what the judge is likely to do. There are no guarantees.