Christopher Hayden Brown’s Answers

Christopher Hayden Brown

Naples Criminal Defense Attorney.

Contributor Level 12
  1. Q? 4th DUI conviction- last in 2/1996- and judge sentenced to 10 yr revocation. Went to get license and state said permanent

    Answered over 2 years ago.

    1. Larry Thomas McMillan
    2. Christopher Hayden Brown
    3. Matthew West Kindel
    4. Colleen M. Glenn
    4 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Amber Hill
    2. Colleen M. Glenn
    3. Jonathan Hackworth
    4. John Skyler Riordan
    5. Christopher Hayden Brown
    6. ···
    7 lawyer answers

    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 He was a good judge, but fortunately, he has been replaced by another...

    7 lawyers agreed with this answer

  3. 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

    Answered almost 3 years ago.

    1. Christopher Hayden Brown
    2. Robert Jason De Groot
    3. Craig A. Epifanio
    3 lawyer answers

    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....

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

    Answered about 3 years ago.

    1. Christopher Hayden Brown
    2. James Regan
    3. Zeina N. Salam
    3 lawyer answers

    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....

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  5. What is the best way to find an attorney to take a case pro bono for felony 3rd degree theft?

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. Timothy England Moffitt
    3. Juan Carlos Garcia Jr
    3 lawyer answers

    A lot of us do pro bono work when we feel bad for someone who can't afford us and are basically in the mood (usually someone in real bad circumstances) or because we find an issue to be of particular interest. That being said, very few attorneys will take a case pro bono because someone asks them to... Otherwise we'd get asked all day long! I agree with Tim. Apply for the Public Defender.

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  6. How long will my daughter remain in jail on felony 3rd degree theft charges if bond is not posted? What is the procedure?

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. David Richard Damore
    3. Timothy England Moffitt
    3 lawyer answers

    If it is only $500 through a bail bondsman, I would find a way to come up with it if it were my daughter. Sounds like she has great defenses and with a clean record she is most likely not looking at doing time on a plea deal (if she later decides a plea is best and not trial). In either even she is getting no credit on the first case (as Mr. Moffitt mentioned) and it is probably wasted days of her life she is doing on the second case. The criminal justice system can move maddingly slowly and...

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  7. Does the attorney pursue the c-defendant for a confession?

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. Timothy England Moffitt
    2 lawyer answers

    I am sorry for your situation. You should be commended for standing by your husband through such a long and frustrating battle. Unfortunately, as Tim said, prosecutors cut such deals all the time. The trial attorney has the job of letting the jury know the co-D would sell his mother out for a quarter. However, once the jury bought the co-D's testimony your husband's only hope came down to legal errors in the trial and no appellate court will reconsider testimony to decide whether it is...

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  8. Can I be charged for burglary in my mothers house?

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. Timothy England Moffitt
    2 lawyer answers

    It is entering the dwelling "of another" with the intent to commit a crime that constitutes burglary in Florida. So if they are alleging you stole items and you no longer lived there, then you can certainly be charged, even though it was your Mom's house. Charged is different from convicted, however. Any print analyst will readily admit that they cannot tell a jury when prints were left and that it is certainly possible that the prints were left when you lived in the home. If they do not...

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  9. Remove traffic ticket from driving record

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. Corey Ira Cohen
    3. Adam James Ellis
    4. Timothy England Moffitt
    4 lawyer answers

    This would call for some creative lawyering from a local guy who knows the judge and how the judge thinks. Because it is a traffic ticket and not a criminal charge, there is no rule that allows for removal, as the other guys said. The only thing that could be done is to file some kind of motion to reopen the case and ask the judge to then dismiss the ticket and order DHSMV to remove it from your driving record. DHSMV will do whatever a judge tells them to do. Getting a judge to do something...

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  10. I Have Asked This Already, But didnt get an Answer! DETAILS INSIDE, PLEASE READ!!!

    Answered almost 5 years ago.

    1. Christopher Hayden Brown
    2. Adam James Ellis
    3. Edward Jerome Blum
    3 lawyer answers

    Did you say whether the old charge was a Broward charge? If so, that makes a difference. My colleague gave a good answer, above. I would just add a few things. If the old charge is a Broward charge, then he has already had first appearance and should be getting an arraignment date for 4-6 weeks from the f.a. He can apply to the trial judge to set a bond on the FTA warrant and have a bond hearing. I agree with my colleague that statute of limitations does not apply. You cannot flee and...

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