Ricardo Rivera’s Answers

Ricardo Rivera

Clearwater Criminal Defense Attorney.

Contributor Level 9
  1. I have an arrainment with a public defender at 8am this Wed. I am disabled and have an appointment this afternoon with my Dr.

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. David S Katz
    3. Dale Christopher Carson
    4. Amir A. Ladan
    5. Colleen M. Glenn
    5 lawyer answers

    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.

    12 lawyers agreed with this answer

  2. How long does the state attorney have to charge a person after they are booked? If legal time has lapsed can state still charge?

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Richard Earl Hornsby
    3. John Skyler Riordan
    4. Christopher Gerard Frey
    5. Colleen M. Glenn
    5 lawyer answers

    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...

    12 lawyers agreed with this answer

  3. FORMER DEPUTY SHERIFF ARRESTED FOR DUI DID NOT SUBMIT TO BREATH TEST OR FIELD TEST . CHANCES OF DISMISSAL OR WHAT SHOULD I DO

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Erik Joseph Lombillo
    3. Mark H Randall
    4. Amir A. Ladan
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    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.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can i be convicted of refusing to blow a breathalizer if my lisence is expired?

    Answered almost 2 years ago.

    1. Don Waggoner
    2. Ricardo Rivera
    3. Robson David Charles Powers
    4. Colleen M. Glenn
    4 lawyer answers

    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.

    10 lawyers agreed with this answer

  5. Im 16 and was having sex with a 21 old guy and we got cought,so what can we do so he wont go to prison because

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Dale Christopher Carson
    3. John Skyler Riordan
    4. Don Waggoner
    5. Tracey Lyn Sticco
    6. ···
    8 lawyer answers

    He needs to consult with an attorney right away.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Im on felony probation . Does alcohol show up on a drug test ?

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Jason Michael Reid
    3. Charles B. Upton II
    3 lawyer answers

    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.

    9 lawyers agreed with this answer

  7. When a company does a criminal background check, would a misdemeanor battery charge be on there if its not a felony charge?

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Craig A. Epifanio
    3. Joseph Cerino
    4. David S Katz
    5. William David Umansky
    6. ···
    6 lawyer answers

    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.

    Selected as best answer

  8. Will Florida extradite on a grand theft from New York

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Joseph Julius Registrato
    3. William David Umansky
    4. Colleen M. Glenn
    4 lawyer answers

    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.

    8 lawyers agreed with this answer

  9. If I had a dui 20 yrs ago and now on 2yr prob with a 6 mnth auto term, can I get the latter at least sealed ?

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. William Alexander Corzo
    3. David S Katz
    4. Bruce Howard Denson
    4 lawyer answers

    If you have any convictions on your record you cant seal or expunge anything off of your record after that.

    8 lawyers agreed with this answer

  10. Can i get early release of community control.

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. David S Katz
    3. William David Umansky
    4. Daniel Marc Berman
    5. Michael James Orlando
    6. ···
    8 lawyer answers

    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.

    8 lawyers agreed with this answer