David Allen Brener’s Answers

David Allen Brener

Fort Myers Criminal Defense Attorney.

Contributor Level 8
  1. This person was recently arrested.How much time could she be facing?

    Answered about 4 years ago.

    1. Ayuban Antonio Tomas
    2. David Allen Brener
    3. James Martin Brown
    3 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. David Allen Brener
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered about 4 years ago.

    1. Royce Brent Bishop
    2. Craig A. Epifanio
    3. David Allen Brener
    4. Catherine Ann Drees
    4 lawyer answers

    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.

  4. What happens at an arraingnment

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. Jennifer Ann Jacobs
    3. Phillip R. Semenick
    4. David Allen Brener
    4 lawyer answers

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

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

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. Derek B Brett
    3. David Allen Brener
    4. Jay Roger Rooth
    4 lawyer answers

    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.

  6. Caring a concealed weapon without a license charge

    Answered over 4 years ago.

    1. Stephen Andrew Mosca
    2. David Allen Brener
    3. Ayuban Antonio Tomas
    3 lawyer answers

    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.