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Andrew Vincent Coviello Jr.

Andrew Coviello’s Answers

19 total


  • I had the question about being VOP because I only get $668.00 a month on my disability I got very good answers but need more in

    I was on probation for criminal Mischief charge I was violated because I only get $668.00 a month from and could not pay Asked 3 days ago - Brooksville, FL Probation Violation I am on disability and only get $668.00 per m...

    Andrew’s Answer

    If you are in technical (not substantive ie new charge) violation of probation due lack of payment, and you can establish that your necessary bills preclude you from payment while having satisfied all conditions that do not require money or transportation, then you might not be found in willful violation of probation. You should, however, seek competent representation to advise and guide you through this process and avoid possibly setting yourself up for failure at your final hearing.

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  • I Finished Counseling, Judge says It's not good enough. What's going on ? I Have VOP (Violation of probation)

    I have a VOP and I just went to my first hearing today where I also met my public defender. I have Finished my counseling and bought the letter with me to court, I had finished counseling on February 23, 2013, I no longer go to counseling as I was...

    Andrew’s Answer

    First, you need to get your paperwork in order. That includes your disposition from the day you pled to probation, the intake paperwork you received when you first reported to probation, and any and all receipts, letters, etc. proof of any and all probationary conditions you completed as of yet. Second, provide all said paperwork to an attorney that is experienced in VOPs in the county where you are being supervised. There are too many factors that come into play and you need to provide more information for anyone to give you an informed answer or assistance. You may contact your PD, myself, or any of my esteemed colleagues. Whomever you contact, I would highly suggest you contact a local attorney experienced in criminal defense matters.

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  • My brother wants me to resign as co-executor, making him sole executor. Should I sign over my executor ship to my brother?

    My brother and I were named as co-executors of my mothers estate. I received papers from his attorney to resign my executor ship over to him. He is not happy with the distribution of property. Will this give him the right to change my mother's wis...

    Andrew’s Answer

    Retain a competent Probate Attorney ASAP. Do not sign nor agree to ANYTHING without the aforementioned attorney reviewing ALL of your paperwork and the situation.

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  • IF A COP STOPS ME AND LIES THAT HE SMELLS ALCOHOL OR DRUGS & ASKS ME TO STEP OUT OF THE CAR TO PAT ME DOWN, COULDN'T ..

    In FLORIDA, If a cop stops me or pulls me over & asks me to step "here or there" for a pat down, can you refuse and say "I do not consent to any searches or seizures"? I have heard many, many cops make up false police reports on people, could they...

    Andrew’s Answer

    Most LEOs are honest, however, as with any segment of society, some are not. Additionally, in court, the judge has the discretion to view LEO credibility higher than that of yours. That being said, if an officer states that s/he smells alcohol or drugs, they will likely be deemed to have reasonable suspicion, and they will be able to search you regardless of your consent. As a general rule of thumb, if LEOs "ask" you something, you may politely refuse and ask if you can leave. If you are told that you may not leave, you are being detained. At that point, do not resist (that will result in yet another charge) simply ask for an attorney. NO good could come of anything done or said at that point. Other than perhaps your silence.

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  • Should I consider preparing my own Irrevocable or Living Trust document on line?

    I am a widow with little assets except my unmortgaged home in Florida. I have one adult child not living in my home. How can I protect my daughter and myself from having a lien placed on my home if I were unable to meet my financial obligations s...

    Andrew’s Answer

    You should seek legal counsel from a competent Estate Planning Attorney in your area. Your situation calls for an attorney who will pay far more attention to your specific legal needs than a "fill in the blanks" form from OfficeMax or Legalzoom. I would suggest that you seek out an attorney who is also a CPA, for you have multiple options, many of which if not all, have a number of tax implications.

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  • Will my Will, written in Florida, be honored when I move to Minnesota?

    I had a Will drafted a year ago in Florida. I plan to make a permanent move to Minnesota in July of this year.

    Andrew’s Answer

    Per Florida Probate Code, so long as an out of state Will is validly executed per that state's law, Florida may honor it as a validly executed Will. *However, that is Florida Law, NOT necessarily Minnesota law.* You should contact a competent, practicing Minnesota Estate Planning Attorney to ensure whether or not Minnesota will honor your Will drafted in Florida.

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  • It is possible to seal or expunge a first-time DUI arrest record if the charge was dropped?

    I pled "Nolo Contendre", and the charged was dropped after I accepted a "Reckless Driving" charge and conviction in its place.

    Andrew’s Answer

    Review your disposition paperwork (typically the carbon-copy handed to you after your plea). If you received a Withhold of Adjudication, you may be able to seal and expunge the charge . If however, you received an Adjudication of Guilt, you will not be able to seal and expunge the charge.

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  • Can my parole be violated because of a criminal traffic violation

    I didn't get arrested or charged just want me to appear to court within 10 days

    Andrew’s Answer

    Regrettably, yes, they may violate you even if you were merely given a "Notice to Appear" for a criminal traffic violation. At your hearing, the court merely has to show by preponderance of the evidence that there was a violation. You needn't be convicted, merely arrested or cited for an offense while under DOC/CC supervision. You should consider retaining an experienced criminal defense attorney for this matter. Attached below are several relevant Florida Statutes:

    947.141 Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision.—

    948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.—

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  • What are my chances of being placed on Administrative Probation. Pro se motion to modify/early term approaching

    I have been a very good probationer and maintain a very positive relationship with my PO. I am on the end of a 5 year probation (scheduled for termination in October 2013) and have my pro se motion coming up. I received a technical violation 2 yea...

    Andrew’s Answer

    Often times judges will not waive COS, however they may permit community service hours in lieu of COS at a rate of $10/ every hour worked at a PO approved community service venue. I see you reside in Spring Hill, the Goodwill on Rt 19 is one such venue. Good Luck!

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  • FIRST TIME CHARGED WITH (893.13(1)(a)(2) - POSSESSION OF MARIJUANA WITH INTENT TO SELL) COULD THERE JUST BE PROBATION?

    NO CRIMINAL HISTORY AT ALL..!

    Andrew’s Answer

    The short answer. Yes, it is possible, however, given your lack of a criminal record, you may wish to see if a Drug Intervention Program is a possibility. Initially, it will not be. Intent to Sell as well as Trafficking offenses are typically precluded from Drug Intervention Programs, however, since you have no prior criminal convictions (or a host of other variables), you may be able to have your charges amended down to simple possession and then you would be able to benefit from an intervention program and possibly avoid a conviction. There are a number of ways to possibly achieve this, some of which you should only discuss in the privacy of your attorney's office. You should definitely consult a local criminal defense attorney experienced in defending drug offenses.

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