Joseph Cameron Bodiford's Answers

? Appeal a felony case at the attorney general office or by the President if you were forced to plea guilty with no evidence?

If you pled, 99% chance that you CANNOT appeal. There are other remedies (withdrawal of plea, motion to vacate sentence, etc) that are highly technical and difficult to prove. Consult a post-conviction attorney, such as myself, soon.

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How long does it take for nebbia to be approved

A Nebbia hold is placed by the court to insure that money used to bond someone out is from a legitimate source (i.e. not stolen money, drug money, etc). Usually, as soon as the person putting up the bond money has that proof, it can be presented to the court. The hold up is usually getting a hearing date before the judge that will be presiding over the matter. In some counties, there is a dedicated first appearance judge that will have the case until charges are formally filed and the case...

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Can I file criminal charges against an employer who did not pay me?

Criminal charges, no. As a Florida Bar Board Certified Criminal Trial Lawyer, I am not aware of any crime that has been committed, nor have I ever seen anyone charged with not paying an employee (for theft, fraud, etc). I imagine that in some limited circumstances, where there was some sort of fraud involved, it could happen. I suggest a civil action - attorneys' fees are built in to the statute, so you would likely not have to pay an attorney to get a recovery for you. Good luck!

I was on probation for 18 months in Pasco county Fl and got arrested in Madison county Fl and bonded out . My probation officer

If you are not on probation, then the Madison county judge (Judge Blair?) could revoke you but probably would not as you are entitled to a bond. Conversely, the Pasco judge could have held you with no bond if a violation had been filed, as you are NOT entitled to a bond on a VOP. So, technically, while the Madison judge COULD revoke your bond, he/she probably will NOT. If it is revoked, your attorney could file a petition for writ of mandamus to have a higher court reinstate the bond.

What are my chances of getting jail time for first DUI? Blew .21/.19

I practice DUI defense in Tampa. I predict that you will not be put in jail for this (barring any extenuating circumstances, like prior record, accident, etc). What the prosecutors in Tampa have been doing lately on these cases is seeking an increased fine and a longer DL revocation. If you go through this without an attorney, be careful to review the terms of probation very carefully - - be sure you are not agreeing to something that will cause you hardships with your driving. An attorney...

Pro Bono Criminal Law Attorney Needed Please reply as soon as possible

The Public Defender's Office in Martin County is very, very good. Your boyfriend should contact them and request their services. This is especially important if he has injuries that need to be documented/photographed. The PD investigator can also get a statement from your mother ASAP and the attorneys can present that to the prosecutor to try to avoid formal charges even being filed. Good luck!

If a person is incarcerated due to vop in another county, how long can they be retained before transporting to co with the warra

There is no statute. That being said, they cannot hold him indefinitely. The way it works is that Broward will teletype Hillsborough and let them know they have him. Hillsborough will arrange for transportation; they'll send a van to get him at some point in time. The Broward judge will not touch the Hillsborough judge's warrant. A Tampa defense attorney can get a hearing in Tampa and address the issue with the judge handling the violation of probation. If the judge here in Tampa agrees...

What is the MINIMUM sentence for Grand theft first degree over $100,000 & fraud swindle-obtain property over $50,000?

The MINIMUM sentence will be determined by the Florida Sentencing Guidelines (Fla. R. Crim. P. 3.992). It's a scoresheet that is completed, factoring in points for the main charge, additional pending charges being pled to, and priors convictions. Also factored in are points for probation violations, violations of pre-trial release (i.e. the crime was committed while on pre-trial release for a different pending case), etc. Loss is not factored in like it is in Federal court. In Federal court,...

What are my next steps to appeal a circuit court judge decision for me to pay my ex wife attorney fees?

You must file a Notice of Appeal within 30 days. It's a one-page, simple document, essentially stating that you are taking an appeal to the higher court. It has to be filed IN THE COURT WHERE YOUR CASE WAS HEARD (NOT the appellate court) and there are filing fees that MUST be paid. Be sure to attach a copy of the order that you are appealing (i.e. the order the judge issued saying you have to pay the ex-wife). What is tricky is putting the record together, making sure that the Clerk...

Purity of cocaine ?! (trafficking cocaine charge)

Florida drug laws go by the weight of the MIXTURE. The "mixture" is the controlled substance and the carrier medium. The legislature enacted this law to follow Federal law, and to prevent people from raising your issue as a defense. I don't agree with it, but it is the law. Cocaine dries out and gets lighter. If you think that you are on the edge between trafficking and delivery/possession with intent to deliver, then you can file a motion and have the drugs weighed by a chemist of your...