Don Waggoner's Answers

DUI while sleeping in truck...

Look, you were in actual physical control of the vehicle while under the influence of alcohol. In Florida, that equates to a DUI. However, a jury might accept your story and acquit you. You need a good DUI attorney to help you sell that story. I'd be happy to discuss the case with you some more and represent you. Call me at 407-846-8008.

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Is daughter's boyfriend breaking the law?

I can answer this a couple of ways. One is to say, yes, you may have a criminal claim against this man, depending on the nature of the photos sent. The other way is to say, that your daughter is 17, the age at which it is legal to engage in sexual conduct in Florida, with or without her parents permission. The man is 20, not far removed from your daughter's age. I, as a defense attorney hate to see these things made into crimes, though sometimes they should be. If the man gets convicted,...

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Can he/she be tried for both cases in one Criminal Trial?

In my experience, not as a general rule. Perhaps there are some extenuating circumstances or you do not know the whole story. It may be strategy. The State may not be trying both, but is trying to bring one in to help prove the other as what is knon as a prior bad act. Lots more information needs to be provided before this question can be fully answered.

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Florida age of consent laws, Florida criminal code statutory rape

I apologize for the incorrect answer I gave. I didn't pay attention to the fact the girl was 16, not fifteen. Yes, the age of consent in Florida is 16 and sexual relations in this case should not be criminalized.

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I am 19 my girlfriend is 16 and we are in FLORIDA is it legal for her to consent to sex and can parents press charges

I hate these questions. I am no prude, but personally, I think she is too young, even if you are not. Now, to the legal part. 16 appears to be the age of consent in Florida. That means that any person age 16 years on up can engage in consensual sexual activity of any legal type. Until, that is, the person they are having sex with reaches the age of 24, at which time, it is illegal. Unless, the youngest of the pair has reached the age of 18. Once anyone is 18, no one gives a hoot how old...

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Is $750 a resonable price for an early termination motion?

Absolutely. Many attorneys charge more.

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How do I get the court to amend what reported to DMV in Florida regarding conviction of possession of controlled substance .

Ask your attorney to file a request to amend the order nunc pro tunc.

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I am going to trial in the morning on criminal charges is the state attorney allowed to talk to my witnesses before trial

Yes, the State may talk to your witnesses, just as your attorney may talk to theirs. You are told not to talk to anyone because anything you said about the case could be used against you.

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I plead nolo contendere to aggravated assult with a deadly weapon and aggravated stalking, adjudication of guilt was withheld.

Probably not, but that is always up to the agency doing the hiring.

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How can I check to see if my civil/gun rights have been restored after a withhold?

If all you have ever been convicted of is a misdemeanor, then your rights were never taken away and you have no problem. If you were convicted of a felony, but adjudication was withheld, then you still have your rights to own or possess a firearm. If you were ever adjudicated guilty of a felony, then you may not own or possess a firearm. Check with the clerk's office and they can tell you.

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