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Christopher Hayden Brown
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Christopher Brown’s Answers

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  • Q? 4th DUI conviction- last in 2/1996- and judge sentenced to 10 yr revocation. Went to get license and state said permanent

    with 5 year interlock. Can the state of Florida do that? This was 17 years ago- what was law in 1996? Can't find on internet.

    Christopher’s Answer

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    There is no such thing as a truly permanent revocation anymore, based solely on multiple DUIs. There is no guarantee, but the Department has to at least give you a hearing on your request for a business purposes license if you meet a list of criteria that are laid out in the statute; too lengthy to go into here. A lawyer can help you with this but the ultimate decision is up to a DHSMV heraing officer (Fort Myers BDI office will be your nearest location) and the information on what you need to do to prepare is available on DHSMVs site and other places on the web; should you want to do it yourself.

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  • Can a private attorney mitigate the outrageous offer the state has put on the table.

    My son is being charged with several 1st degree white collar felony's in Collier. He had a PD who recently went into private practice and left. It has been 15 months since being charged. He is in jail since Sept. for violating bond. His judge re...

    Christopher’s Answer

    I am a Naples criminal defense attorney. My firm has handled many white collar cases throughout SWFla. You can check my profile and firm site for more info. The answer to your questions is "possibly," as my colleagues have stated. It is harder to give a more definite answer without reviewing the evidence in your son's case and talking to the prosecutor. I assume your son's case was previously in front of Judge Baker? He was a good judge, but fortunately, he has been replaced by another good judge in Judge Manalich. Your son's lack of prior record is a huge help. At 22 he is aweful young but just outside the range for "youthful offender" sanctions. However, as others have mentioned there may be mental mitigation or an actual mental state defense if his illness had something to do with the crime he is accused of. I would be happy to give you a consultation, look at his discovery and visit with him in the jail if you want to contact me. My office is located a block away from the courthouse, around the corner from the jail. My last thought is I wonder if the victim feels the same way about the restitution as the State does?

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  • Whts the sentance in the port charlotte fl area...for habitual driving on a suspended..is their jail time? and how much is it?

    is thr jail time involved/ iF SO HOW MUCH?...AND IF YOUR ON PROBATION FOR THIS AND YOU VOILATE...WHT HAPPENS?

    Christopher’s Answer

    Like the others said, a lot depends on your record. Have you had quite a few drivers license convictions in the past? This can effect how a prosector or even judge looks at your case. Individaul prosecutors also sometimes have differing philosophies on these things. I agree that you should speak with a local attorney. We are in downtown Punta Gorda if you would like a free consultation.

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  • Can i drop the charges of burglary and battery without facing legal issue myself??

    My neighbor attacked me and another neighbor. He is facing 4 felonies, 2 burglary and 2 battery. He was drunk and he thought that someone grab his girlfriend or something. He has a little child and it is his first offense. I preesed charges ri...

    Christopher’s Answer

    I completely agree with the other posters. Contact the Assistant State Attorney. If they are busy, you may be able to speak with a Victim Advocate, who can interview you and pass your wishes along to the prosecutor. Due to heavy caseloads it is sometimes difficult to get through, so you may have to patient. You can also contact your neighbor's defense attorney to get some input into the process that way. He or she can take your information and thoughts and pass them along to the prosecutor.

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  • I'm Not Sure Of A Proper Defense Or If There's Anything I Can Do With Trial A Week Away An PD Not On The Same Page

    The informant involved with giving my number to a Undercover to set up deal...I have no prior drug sales background.But Informant approached me multiply times to find drugs or sell his drugs for him an when I refused. The informant would threaten...

    Christopher’s Answer

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    I am not here to bash public defenders. Many are very good attorneys. Whether your attorney is a PD or private, the following applies.... You do NOT want to go to trial or take a plea you don't agree with while represented by someone you are not comfortable with. This is particularly true if you are dealing with a serious charge, like you have. Essentially, if you have any resources, or have friends or family who do, you need to spend what it takes to get someone you are comfortable with. This is 15 years of your life you are talking about.

    You touch on two possible defenses. You say the video doesn't show a transaction. However, you also describe a classic entrapment defense. Just based on what you are saying, it sounds like your entrapment defense is very strong and the better defense. However, you have to admit you sold the drugs in order to employ the defense. Furthermore unless the informant is willing to admit that he hounded you and physically threatened you to do this, you will have to take the stand.

    Has your lawyer not discussed all this with you?

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  • Question about first felony criminal offense and if the judge has the ability to let me enlist in the military.

    I got in trouble and this is my first criminal felony offense. I got in trouble for having marijuana in my car. Around 7 ounces. I have learned my lesson believe me. Well I got a military guy who has been in the military for over 10 years and he i...

    Christopher’s Answer

    A judge cannot dismiss your case unless there is a legal reason to do so. Joining the military is not one of those. I agree with the other attorney who referenced the prosecutor. It may sway him... particularly with a non-violent drug charge. However, there is no legal basis to enforce an agreement that you join the military in exchange for a dismissal. In other words, although you could give your word and get the case dropped... if you changed your mind there would be nothing the court or prosecutor could do about it. The prosecutor would be aware of this. Lastly, the military, in a down economy, has its pick of the litter. I have had clients who wanted to join, turned down, because of accuations or even a misdemeanor record. It depends on what your MOS would be and otherwise what kind of applicant you are.

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  • What ways can my boyfriend be released from jail and have his charges dropped and not be labeled as a sex offender?

    My boyfriend was arrested for SEXUAL PERFORMANCE BY A CHILD and TRANSMISSION OF CHILD PORNOGRAPHY and he's 18 yrs old. He's been in there for about 19 days now without being fully charged or assigned a court date. They have him in there only for s...

    Christopher’s Answer

    I agree with what the other guys said. I would add that it is not strange to be held for 19 days without the filing of formal charges. The State can hold you up to 40 days (and in some cases beyond) without formal charges. Even if they miss that deadline it does not mean they cannot charge you, it just means you may be entitled to be released on your own recognizance. Prosecutors often hold off on filing charges for considerable periods, because they are hoping for additional information, or are doing legal research, or they just haven't gotten around to that case file yet. I highly recommend getting the very best criminal defense attorney you can afford in Tallahassee. Those charges are extremely serious and this is not a game for amateurs.

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  • Homeless sex offenders

    I realise different State laws will vary. Lets imagin an SO loses his/her residence, is unable to find another within 48 hours, and has no friends or relatives. Is that an automatic felony? Could he/she be registered as the third bum from the left...

    Christopher’s Answer

    Simply put (as this could get quite complicated), probation violations must be willful. Therefore, if the SO made every effort to find a residence and could not and continuously stayed in contact with his PO and asked for and followed advice in this regard, how could the State prove he willfully failed to provide an address? Also, he can provide where he is staying since the purpose is to be able to check on him. Is he subject to electronic monitoring? If so, that can be an issue. I recently witnessed a VOP hearing over that issue and that PO testified the defendant was sleeping in the woods near the probation office where they provided an outdoor outlet to charge the device. Now, the other issue is "registration." The registration statute seems to be cut and dry... register or you're guilty. However, if he registered by telling the cops he sleeps at such and such spot under the bridge, they may not like it but he would seem to be in compliance. These are general answers to your questions and should not be construed as legal advice in a particular case. If you actually know someone in this situation then I highly recommend they contact a criminal defense attorney in their town; one who is familiar with how local DOC and law enforcement works.

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  • Can I have my record sealed if I was sentenced as a youthful offender?

    In 2006, I was adjudicated guilty of two counts or armed burglary grand theft. The judge sentenced me as a youthful offender since I was only 17 at the time. I completed my probation in 2008. I have two kids now and it's impossible for me to find ...

    Christopher’s Answer

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    I'm afraid not. Those who are adjudicated guilty cannot have a record sealed. However, there is another way for you to try to remove it from your record and that would be the Governor's Board of Executive Clemency. You can Google it. The Governor has the authority to pardon people for offenses and exercises this authority in cases in which the person has demonstrated that they are particularly deserving. A classic example would be a guy who stole a car when he was 18 and went on a joy-ride. Now he is 50 with grandkids, coaches little league, deacon at his church, etc. The more time that passes and the more you are able to demonstrate that you have turned your life around (letters from pillars of the community help in this regard), the better your chances. The facts that you have two kids now and are keeping your nose clean and want to work are all great! Your biggest problem is that the offenses were serious and it has only been six years. If you were a minor participant in the original offenses or something else from those cases indicates a reason for leniency, it may help. You do not have to have an attorney to file one of these petitions but it could help. Most of the best attorneys for this type of case are in Tallahasse, as that is where the petitions are heard. If you would like some referrals then you can email me. I wish you the best of luck!

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