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David Allen Brener

David Brener’s Answers

6 total

  • I'm sure my probation officer can, but is it likely she will violate me for driving on an expired tag?

    It is not my car, and in fact the person whose car it was moved out of state. So I'm sure I will have to pay the fine, since I cannot prove it was taken care of. And paying the fine is an admission of guilt, so am I out of luck here?

    David’s Answer

    I believe it is 4 months or more which makes it a criminal traffic offense, and one which can violate your probation. In addition, you must report all contact with law enforcement, as the failure to do so can vioate you as well.

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  • This person was recently arrested.How much time could she be facing?

    According to the report, the deputy searched the car and in her purse,they found three plastic bags of cocaine and three pill bottles with a total of 179 Oxycodone pills and 40 Xanax pills. Under the driver's seat, the officer reportedly found ...

    David’s Answer

    The amount of each drug will determine the threshold for a minimum mandatory sentence. In Florida, more than 28 grams of cocaine is considered trafficking in cocaine, with a 3 year minimum mandatory for 28 to 200 grams, a 7 year minimum mandatory for 200 to 400 grams, and a 15 year minimum mandatory for over 400 grams. The maximum is 30 years on a single trafficking charge. The oxys are opiates, which has a 4 gram threshold for a 3 year minimum mandatory, a 15 year minimum mandatory for 14 grams or more, and a 25 calendar year minimum mandatory for 28 grams or more. The xanax pills are another count, at least for possession with intent to distribute. She needs qualified counsel.

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  • What happens at an arraingnment

    i have my arrainmgnment tomorrow what will happen

    David’s Answer

    Your lawyer will file papers or say"not guilty", and the court will enter that plea and give you another date.

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  • I need to know the Statute of Limitations in Florida for lying to a law enforcement officer during an investigation and more.

    A friend of mine discovered that her husband was touching her daughter (step daughter to the husband) when she was 14. Someone else reported it and the police investigated it. My friend lied to the police saying nothing had happened. The police fo...

    David’s Answer

    The statute of limitations for the misdemeanor of resisting/obstruction is two(2) years. The statute of limitations for perjury, a third degree felony, is three (3) years. Thus, she cannot be charged with those crimes. However, if she facilitated the sexual abuse, then the statute of limitations for a first degree felony was four years, but now has no statute of limitations effective July 1, 2010. That law would be inapplicable, however, as the event occurred before its enactment (ex post fact clause.)

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  • What happens if you miss a court date and are caught triyng to leave USA?

    I have a friend that was supposed to go to court for battery, resist officer and disordely intox. He tried to leave the country but got arrested at the airport. What happens now? How long is he gonna be in jail for that?

    David’s Answer

    Your friend will be held until delivered to the court, who will revoke his bond as he is a flight risk. Also, he could face additional charges for fleeing from justice.

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  • Caring a concealed weapon without a license charge

    I was walking down the street and a police officer said i fit the description of someone that was firing a gun in a parking lot of the sports bar. They found me with a gun that I didn't have a permit for however it is registered in my name . They ...

    David’s Answer

    You can be charged with carrying a concealed firearm, a third degree felony punishable by diversion up to five years in jail. However, I would like to seee the description you supposedly fit because you may have a Motion to Suppress the gun based on an unlawful stop.

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