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David Ashley Haenel
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David Haenel’s Answers

67 total

  • I'm 19. I got caught shoplifting $170 dollars worth of merchandise from walmart in manatee County ,florida?

    im 19 , and I got caught. The police were called, they took me to jail for like 6 hours, then they said that i have to go to court. I dont know what to do,and what to expect . should I get a lawyer? I cant go to jail ;I'm in college .. I have drea...

    David’s Answer

    First of all you are a first time offender. Manatee county probation department runs a program called pre-trial diversion that you may qualify for and after approximately 6 months your case will get dropped by the state attorney if you complete all the terms and conditions. The $200 you are referring to is a civil penalty that the retailer is entitled to under Florida law. Try to scrape up the money to hire a lawyer.

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  • Can an officer arrest you for any crime without reading you your Miranda Rights?

    Arrested for a DIU without being read my rights.

    David’s Answer

    Yes an officer can arrest for DUI without reading you Miranda. Miranda applies when you are in custody and being interrogated. So if you were not read Miranda then possibly any answers you gave in response to questioning may be suppressed. However, don't count on the whole case being tossed. Consult with an experienced DUI lawyer quickly.

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  • I was arrested, but the charges were dropped. I want to get the newspaper that published my arrest to remove my name.

    I contacted them and received no response. I have the letter saying the state is not charging me. Is there a lawyer who can help me? I do not want to waste money and time, but I really want my name removed from the internet.

    David’s Answer

    Depending on the county you are lucky that only one mugshot is online. The fact that you were arrested is public record as is your mugshot. There is a procedure in place calling an expungement that would mandate the removal of your mugshot from the sheriffs website where your picture is located, but would not happen right away. Some of the mugshot websites will honor a notice of case action showing that no formal charges were filed while others will require a court order showing the case was expunged.

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  • Is it a criminal traffic infraction considered a misdemeanor?

    I got caught driving a commercial vehicle without a commercial driver license and required endorsment, i didnt know i need a CDL when driving a vehicle for more than 20 passengers, anyway, i got my cdl before going to court and showed it to the ju...

    David’s Answer

    Yes that is considered a misdemeanor. You may be able to seal it if adjudication was withheld and then it would come off your driving record. You should consult with an immigration attorney on the ramifications that may have for your citizenship.

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  • Will i have to take a Drug test at any of my meetings with my probation officer? I had a DUI reduced to a reckless driving .

    this was in Tampa, Fl. I will be required to do 50hrs of community service.

    David’s Answer

    They may require a urine sample since you are on probation.

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  • I WANTED TO KNOW HOW TO CLEAR MY NAME IN MIAMI,FL I WAS ARRESTED BUT NEVER CONVICTED.

    WHEN MY NAME IS SEARCHED ON GOOGLE MY ARREST COMES UP AND I WANT TO CLEAR IT UP. WHAT DO I DO?

    David’s Answer

    I assume you are referring to the mugshots that are popping up when you Google your name. The only real way to make that happen is to seal or expunge your case. Your picture is sitting on the server at the sheriffs office that arrested you. Unless you get it removed forever by doing a sealing or expungement you will always be at risk for a mugshot company coming in and scraping that information and putting it up on their website. In the meantime, many of the current sites that your mugshot appears will take payment to get rid of your mugshot. The sealing or expungement process can take up to 6 months.

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  • How long does it take for BAC test to come back in Pinellas County Fl

    I was in an accident where the officer came to the ER and asked me to take a voluntary BAC hospital drew blood its been at least 6 wks how long does it take till the results come back and how long do they have to file charges or issue a citation i...

    David’s Answer

    It can take months for the blood results to come back from the crime lab. Once the results come back they are sent to the law enforcement agency that is doing the investigation. The officer will supplement their report and then forward the paperwork to the state attorneys office for a direct file review. Speedy trial, which is a legal term that requires you to be brought to trial within a certain number of days is not running yet because an arrest or starting of the case is not beginning to run. If you received any civil infractions I would suggest you speak to an experienced DUI lawyer immediately. In addition you should daily be checking the status of your driver's license on the free DHsmv website. Also, if you receive a certified letter from the state attorney attempting to subpoena your medical records immediately consult with a DUI lawyer.

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  • Will tampa,fl transport from pensacola,fl jail on misdermeanor dui charges?

    my friend has a dui warrent in tampa,fl a misdermeanor and he lives in pensacola,fl will tampa transport him?

    David’s Answer

    More than likely the Escambia county sheriffs office will send someone down to pick him up. It's usually the county that wants him is the county that will come and get him.

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  • Translate for a friend in the court

    My friend needs to go to the court for invalid driver license ( was driving with his foreign driver license he is international student has been in US 4 months now) he asked me to go with him to the court to translate for him to the judge because ...

    David’s Answer

    You probably won't be able to translate for him. Most courts have an interpreter that works through court administration and in most counties they are certified and are the only ones that are "official". If it is a language that requires a different translator then what is immediately available then the Judge will typically use the AT&T language line service or something similar.

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  • I was pulled over for speeding and than charge with dui the officer went though my bag and found two xanax

    the officer that pulled me over for speeding didnt know how to process the dui so he called another very aggressive officer who was rude he had no video and walk me up and down apart of the road thatwas unevevn and wet i didnt blow than he sreach ...

    David’s Answer

    It sounds like he may have called for a "DUI" officer who may have had more training and experience. DUI is a misdemeanor and the possession of Xanax is a felony. Do you have a prescription for the xanax? If so , that charge may go away. Is it a DUI that is alcohol and/or drugs? You need to consult with an experienced DUI lawyer to explain any and all defenses.

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