Anthony Gerald Ryan's Answers

Are charges of Armed Burglary of an unoccupied dwelling, and discharge of a firearm in an unoccupied dwelling incorrect?

Burglary of a dwelling is defined as entering a dwelling with the intent to commit an offense therein. From your very brief set of facts it sounds like your friend did not enter with the intent to commit an offense but rather to wait for ex to get home and see whether or not he would help a mutual friend get out of jail. Another possible argument against a burglary is that she had permission to enter and was therefore an invitee. Obviously I would need all of the facts before I could give my...

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Im 17 on juvenile probation in Florida. If I get married will my probation be terminated since I'm legally emancipated?

It is not a good idea to get married because you think it might help you get off of juvenile probation. A better method would be to stop using illegal drugs and prove to your PO that you are on the right track. Plus you are way too young to get married. If you can't stop using drugs especially when you are on probation and subject to being tested, you have a serious drug problem that needs attention. Being addicted to drugs is no way to begin a marriage.

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What happens if I am in jail and I don't feel that my public defender is doing a good job for me. what are my options.

The hard thing about being a public defender (I used to be one a long long time ago) and the hard thing about being appointed a public defender is that neither side really gets to choose. He or she is stuck with you just as you are stuck with him or her. This puts you both in a tough situation right off the bat that isn't present when you hire a private attorney of your choice. That said, it is a pretty good country indeed that gives you an attorney for next to nothing. I would encourage...

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I'm 17 and planning on having a party with alcohol. If it were to get raided by the cops, what is the penalty?

Do not under any circumstances have a party at your house with 50 minors, alcohol and drugs. Your house will be ruined. The party will get out of control and the 50 or so you invite will swell into a couple of hundred in no time. You are obviously intelligent and responsible enough to consider that your decision may have some bad consequences that it sounds from your question that you are willing to risk - possession of alcohol, house party, possession of marijuana. Well I implore you to be...

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If i am 18 almost 19 but still on juvenile probation and i live in one county but i have probation in another is my probation

I think that the way you are posing the question - in absolute terms - shows that this is probably more about a disagreement or personality conflict between you and your probation officer that anything else. Can your PO make you stay in a county where you don't live and where you would starve to death if you stay there - of course not. But if the probation order signed by the judge requires you to remain in Lee county you can't move without the court's and/or probation's permission or a...

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Can DJJ give a minor anti-depressants without parental consent?

When a child is committed to the Department of Juvenile Justice he or she is essentially a ward of the state. The state as that child's legal custodian has a medical assessment performed and then it implements whatever treatment is reccomended and deemed in the child's best interest. Essentially, DJJ stands in loco parentis which is a Latin phrase for in the place of a parent. As the primary custodian, DJJ has the authority and duty to provide the Child with appropriate medical care and...

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Can you dispute a drivers license suspension after the plea?

Because he was advised by the judge that if he accepted the time served plea his driver's license would be suspended for two years, he probably has to take his lumps. However, he can get a business or employment purposes only license after six months if he completes a drug evaluation and treatment, if recommended, pursuant to section 322.055, Florida Statutes. That statute also authorizes the court to, "in its sound discretion, direct the department to issue a license for driving privileges...

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If two people get into a fight and it progresses to a neighbor's open garage can one or both people be convicted of burg/w/batt?

Yes, but I would need to hear the exact facts of the case to provide a definitive answer. Specifically, I would need to know what you mean by "carries over." Although the crime of burglary is most often committed by a person who breaks into a home with the intent to steal something, it is not the only way to commit a burglary. Burglary is defined by section 810.02, Florida Statutes, as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense...

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How much jail time is 1003.89 grams of cocaine in Sarasota, FL?

Trafficking in cocaine is a first degree felony punishable by up to 30 years in prison. The minimum mandatory sentence for the amount you specified is 15 years in prison and a $250,000 fine, like the other answer stated. Sec. 893.135(1)(b)(1)(c), Florida Statutes. Willfully failing to appear before the court in connection with a felony charge is a third degree felony punishable by up to 5 years in prison and a $5,000 fine. Sec. 843.15, Florida Statutes. Therefore, based on the facts in...

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Juvenile burglary

Your son's attorney definitely needs to depose or take a sworn statement of the boy who just took the trespassing plea to see how his testimony will affect your son's case. In many instances, law enforcement doesn't do much in the way of actually investigating these juvenile cases once they have recovered the stolen items and caught the main perpretraitors. So it is important to take statements from all of the witnesses the state has listed. In many instances, the state is more willing to...

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