Johnnie Harry Trevena's Answers

Adjudication withheld?

While you typically are not considered "convicted," it really depends on the misdemeanor charge for which you were sentenced and the specific facts of your situation . For example, even if adjudication is withheld, if the charge is driving while license suspended, this still constitutes a conviction for purposes of the Florida Department of Motor Vehicles and can result in a felony charge if you have two prior convictions, despite withholding of adjudication. Also, in Federal immigration...

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DUI dismissed or vacated

More information is needed. If this is an open charge, your attorney can request the State conduct a nolle prosse or dismissal review of the charge. Such a request is rarely granted and must state specific legal grounds detailing why the charge is defective. If this is a previous conviction, then a motion for post conviction relief may be an option.

DWI/DUI

Your situation is somewhat common. The only viable option is to attempt to vacate one or more of the prior convictions to permit reinstatement of your driving privileges. This is a difficult and risky process. A complete investigation must be conducted to first determine if any legal grounds exist to vacate any of the prior convictions. If it appears there may be a basis, then a motion must be filed with the trial court. The trial court will then determine if you are entitled to a hearing...

Being falsely accused of child molesting by the state

I agree with Mr. Lopez that you need to seek qualified legal representation in your jurisdiction immediately. In addition to the disruption to your family unit, an accusation of child molestation can result in extremely severe criminal charges. It is imperative that you take prompt steps to protect yourself.

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False acussations

Wrongful arrest and malicious prosecution cases are inherently difficult. When suing an individual for malicious prosecution, you must show that the complaint made against you was done in bad faith or with reckless disregard for the truth. If you file a lawsuit against the arresting police agency, then you must establish that the arresting officer lacked even arguable probable cause to make the arrest. You should consult with an attorney in your jurisdiction to see if either action may...

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Privacy rights

I agree with Mr. McKay's answer, but it is never a good idea to use someone elses password to access potentially confidential or protected information.

Miranda rights

The short answer is yes, if there is a custodial interrogation. But the term custodial defintion has broad meaning and more facts are needed to determine if Miranda was required. Generally speaking, you must be "in custody" of law enforcement at the time of questioning for Miranda to be required.