Michael Jeffrey Kessler's Answers

Am I eligible for having my record expunged or can I only have it sealed for a one-time offense?

The crime charged in 800.02 is a misdemeanor not involving a minor, so this would not disqualify you from having the records of this arrest sealed. The procedure is simple, and you might not even need a lawyer. If the record is sealed, and ten years go by with no new arrest, you may then apply to have it actually expunged. Good luck!

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What are my chances of getting a lawyer with no job? I have a felony charge and 2 misdemeanors and never been arrested before.

Both of these lawyers are correct. Inexpensive lawyers are always available, and you would probably qualifiy for court-appointed counsel anyway. I recommend applying for the public defender, and meeting with your appointed lawyer to see what you think, before risking your money and your reputation by paying for a bargain lawyer. I remember the first judge I ever met in court telling people, "The most expensive thing you'll ever buy is a cheap lawyer."

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DUI And Property Damage, what will the punishment be?

First, a lawyer can help you. The breath test reading is not necessarily accurate or reliable. A good DUI lawyer might even be able to have it excluded as evidence. Please do not rush into pleading guilty. The interlock is often avoidable, even if you decide to plead guilty later on. Jail is NOT required. Please do yourself a favor, and hire the best DUI lawyer you can.

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How can Florida revoke my new transferred license from a settled '91 DUI in Arizona?

My colleagues are correct in suggesting a petition for a writ of certiorari as a remedy. This is a specific type of appeal. It can be very effective in this type of case. It fact, it may be your only legal remedy. However, you might find it less expensive, and faster, to hold your nose and pay for the DUI classes and reinstatement fee.

My son had my car and he was arrstd what can i do to get the car back

First, call the agency that seized the car. You may be able to retrieve your car by paying only the impound fee. If anybody starts using the word forfeiture, get a lawyer!

Can you get off probation early in Florida i?

Florida law gives the judge the authority to terminate your probation early, at any time. In fact, Florida law prohibits a judge from refusing to consider such a request. It might not be granted, but you risk nothing in asking.

Would i have a defence here

If you have been charged with a crime as a result of these facts, the State cannot convict you unless the prosecution can PROVE that you knowingly encouraged, assisted or abetted an impaired driver to drive. If you are being sued, the other party has a lesser burden, but still would need to prove that you knew or should have known the driver was impaired. Your facts are not completely clear, but you would benefit from a one-on-one talk with a qualified DUI lawyer.

Is there any way to get my license back before 6 months after getting charged for a dui

Your first option should be demanding a formal review of this administrative suspension. If that fails, or if you waited too long to secure such a review, a restricted driving permit, sometimes called a "work permit," is likely available. If not, a hardship license may be your best bet. A capable DUI lawyer could guide you well.

Would i get in trouble by not doing anything?

You do not have any legal obligation to report what your friend has said. However, you may not legally assist him in any way in skipping bail or fleeing to avoid prosecution. Further, probation violations of this sort can often be minimized, and jail avoided, with the help of a lawyer who is familiar with the workings of probation. It is not too late to help your friend, in a completely legal way.

If i am convicted for a felony on intent to sell narcotics can i still finish nursing school, can i get it sealed of expunged?

If adjudication of guilt is withheld by the judge, you may still be legally allowed to say you have never been convicted. Also, you may be eligible to have the records of this case sealed and later expunged. A felony drug conviction does not automatically disqualify a person from post-graduate school, or licensing in many professions. When I began my career as a public defender in Florida in 1985, my trial partner had served prison time for robbery. He served his time, finished college,...