Darren Mark Finebloom's Answers

POINT SYSTEM USED IN FLORIDA

Obviously I wont be able to explain everything but I will try and summarize. Florida operates under the Criminal Punishment Code Scoresheet. Each Primary offense (current offense) is scored as well as any additional offenses. Then they also score your prior record under prior offenses. The primary offense is given a level for instance Grand theft > 300 but less than 5000.00 is a level 2 and scores 10 points as a primary offense. However, DUI causing serious bodily injury is a level 7 and will...

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Adjudication withheld?

An adjudication withheld means no formal conviction. I would say if asked by an employer if you have been convicted of a crime and you received a withhold the legally correct answer is NO! Remember this only applies if you have no other convictions.

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Arrested for possession of pot over 20 grams for 2nd time. 1st time opted for drug court, what are options this time.

This depends greatly on who the prosecutor is in the case. The best he can hope for is a reduction to a misdemeanor and that will depend on the circumstances of the case. Either way he needs a withhold of adjudication because if he is convicted he will lose his drivers license for 2 years and be considered a convicted felon.

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Can my son receive drug & alcohol rehab for felony punishment?

He can definitely ask for drug treatment. He needs to speak with his attorney about that option. Depending on the county, however most have some in-house facilities. However, he may have to stay in jail until a bed becomes available. Furthermore, whenever you violate probvation with a new charge the Judges take that very seriously so further jail time is a real possibility. It will likely depend on his scoresheet and his prior criminal history. If these are his only two felony offenses I...

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Can I get mt record sealed or do anything about it if adjudication wasnt withheld?

Unfortunately if you have been adjudicated guilty of an offense you cannot seal or expunge that record. Even if you could when applying for a job where you need state license you would have to reveal that information.

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How long can you sit in jail with no bond before going to trial in broward county?

The state has 33 days to file charges or else they have to release you unless they show good cause, and in that case they get 40 days. If charges are filed they must bring him to trial within 175 days the speedy trial period in Florida. Now there are certian extensions that can be granted in certain situations. If you waive speedy trial they can keep him in there until a trial is set which could be up to several years. If he wantws to take a plea that is something he will need to discuss...

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Will Florida extradite on a misdemeanor Violation of Probation and a writ of bodily attachment for $250?

Florida does not extradite for misdemeanors. What you might want to do is contact an attorney in thet County and see if he can work out a dismissal of the warrants in return for you paying off the remaining monies. If you have any questions please visit our website. www.fightyourwarrant.com

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Can i get my felony charge dropped to a misdemeanor?

No I argued this same issue in the Second District Court of appeal and was unsuccesful. The court held that the law must have made it a misdemeanor at the time of the offense. So legally speaking you do not have a remedy.

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What is the length of time after an arrest on criminal charges do they have to formally charge a person?

This is not correct. The 21 days is for those in custody and if they have not been charged they are entitled to a preliminary hearing. The State has 33 days to file charges or else your son will be released. If your son is out of custody the time limit to file charges is 90 days on a misdemeanor and 175 on a felony. There are always exceptions to these rules. Please contact me if you have any further questions. Darren Finebloom 813-649-8690 www.fightyourfelony.com www.fightyourcase.com

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Federal Employment question? non adjudicated 3rd degree felony

Answer the question truthfully. Although you were not convicted for the offense you were placed on probation. My assumption is adjudication was withheld which translates to no formal conviction. There is a possibility this will exclude you from employment but they will definitely be able to find it so the best policy is to be truthful.

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