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Rita Noelle Charlet

Rita Charlet’s Answers

23 total

  • I got a 3 rd degree felony 19 years ago with a plea of no contest. battery to an officer can this be expunged. 2 years probatio

    I got 2 years probation and 40 hours community service. I have not been in trouble since. It was in Key west Florida at sloppy joes I was drinking and a officer out of uniform grabed me & I head butted him. Two other out of uniform cops showed the...

    Rita’s Answer

    Your ability to have this record sealed depends on whether you were convicted of the offense. If the adjudication was withheld AND you do not have a criminal conviction for any other offense in your lifetime, you should qualify for a record sealing through FDLE. Please contact an attorney in the county the case was resolved to help you through the process.

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  • What is the difference between an Early Intervention Docket & Witholding Adjudication in Lee County Florida?

    My son, (21 years old) was arrested recently with two Grand Theft charges...(shoplifting at a major retailer) both felonies. He is awaiting an arraignment hearing and in speaking with his Public Defender, both of these options were presented and t...

    Rita’s Answer

    I agree with the answers previously submitted. The Early Intervention Docket is a name that is used in Lee County to handle cases for individuals with little to no criminal history in an expedited manner. Depending on the facts of the case(s), a Diversion program may be offered through EID. A withhold of adjudication is a sentencing term which reflects your non-conviction for a criminal charge or accusation. I would advise your son to meet with an attorney and hire an attorney of his choosing that will best evaluate the case and explain, in detail, his various options.

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  • How do I put my son's biological father on the birth certificate? Can I do it in a different state?

    In 2004 I was married to Mike Mace and then separated for good in 2006. I never got a divorce. In 2010 I met Eric Payne and we had a son this year. We are trying to get Eric's name on the birth certificate so my son can carry his last name but t...

    Rita’s Answer

    I agree that you need to file a Petition to Dis-establish Paternity against your husband, and then a Petition to Establish Paternity for your child's father. As long as you and the child have resided in Florida for at least six months the action can be completed here in Florida. You certainly should consult with a local family law attorney to help in this matter.

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  • How can an individual films sample Administrative Review briefs for a hardship license after a DUI

    This week I was arrested for a first offense DUI and charged with 1) DUI over .15 and 2) Property Damage over $50 and 3) Hit and run. I did not realize I had collided with someone in the turn lane. I thought that I had hit the curb on the median...

    Rita’s Answer

    In order to address your concerns, you need to consult with an attorney immediately. DUI arrests subject you to an administrative suspension of your driver's license from the date of arrest. Consult with an attorney to discuss the facts of your case and any defenses you might have in the criminal courts and with the Department of Highway Safety and Motor Vehicles.

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  • I got charged with burglary of an occupied dwelling and grand theft 300 under 5k. what does my sentencing look like?

    I have two prior burglary charges that were both dropped because i was found innocent and one was when i was a juvinile.The other one was about a month after i turned eighteen in new jersey. No i am In florida and i got arrested because a "friend"...

    Rita’s Answer

    The first step you must take is to meet with an attorney to review the facts of your case and any defenses you might have. An attorney in your area can also review a criminal code scoresheet with you and discuss potential sentencing outcomes.

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  • Will I go to jail if I had failed the drug test while on probation?

    I'm on probabation for DUI for 5 months. I was sent to get an urine test for drug. The result is positive for cocaine. My PO said, all my next appointments has been canceled. I'm waiting for facing the judge again. Will I go to jail on my next hea...

    Rita’s Answer

    The simple answer to your question is that jail time is a possibility. Once there is an alleged violation of probation, a warrant will be issued. You should speak with an attorney in your area to try to negotiate a bond for that warrant. You always have a right to a hearing for a violation of probation. If the Judge finds that there was a willful and substantial violation of probation, a jail time sentence could be ordered. But, perhaps, with the aid of an attorney, substance abuse treatment could be recommended instead of incarceration.

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  • I was charged with a 2nd Degree criminal misd placed into diversion I am sched to start new employmen in MD, can i leave?

    I was charged with a 2nd Degree criminal misd Brwd Cnty & placed into diversion prgm. I am sched to start new employmen in MD, can I leave and finish by mail?

    Rita’s Answer

    Before leaving your county, you MUST contact your Diversion officer to determine if leaving the area is permissible. It is often acceptable or Diversion participants to complete the specified terms and conditions from another city or state, but any move must be discussed with the supervising officer first.

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  • I was convicted of 1 count of wire fraud. Sentenced to 1yr and 1 day. 3/yr probation. Can i have it sealed?

    I was convicted of 1 count of wire fraud. Sentenced in 2/2009 to 1yr and 1 day. 3/yr probation. It took place in between 2004-2005 as indictment says. Can i have it sealed?

    Rita’s Answer

    If you were adjudicated guilty of the offense then you are not eligible to have your record sealed.

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  • My husband's bond was revoked.

    My husband was out on bond and got re-arrested for a new charge. His bond was revoked on the first charge. The second charge (the basis of his bond getting revoked) has been dropped by the State. Can he get his bond reinstated?

    Rita’s Answer

    Your husband should speak with an attorney about filing a Motion to Reinstate Bond on the first charge. It is ultimately up to the Judge in his case as to whether or not the bond will be reinstated.

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  • Im currently on RoR and one of the stipulations is alcohol abstinence. What happens if i fail a urine test?

    Im currently on RoR and one of the stipulations is alcohol abstinence. What happens if i fail a urine test?

    Rita’s Answer

    In order to better answer your question, I would need some clarification. Are you currently on pre-trial supervised release? In other words, are you reporting to someone for random alcohol screens? Generally, if the Court has released you on your own recognizance, there aren't conditions set with the release. If you were released without posting a bond, but are still required to check in and get screened, then a failed drug/alcohol test could result in your type of release being revoked.

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