Todd Samuel Richardson's Answers

Criminal defense 2nd degree assult

You can't predict an outcome from a short statement; plus there are LOTS of variables like: the Judge, the prosecutor, and (most importantly) the Jury. You have raised some interesting issues though. Your husband faces potential enhancement charges by using a gun, not to mention having a gun on his person when he was not licensed to do so. Self Defense is a valid defense, though it is not an easy defense. One important consideration is whether there are any witnesses who will testify...

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Why would a prosecutor offer a a plea deal from a DUI to a reckless endangerment not involving driving at all ? And is it a

Reckless endangerment is a gross misdemeanor (meaning it has a potential maximum sentence of 1 year in jail and/or $5000 fine). By amending to a reckless endangerment the prosecutor may be acknowledging some evidentiary problems, or may be intending to make an offer that gives the prosecutor and you more flexibility in sentencing. DUI's have more sentencing minimums than any other misdemeanor or gross misdemeanor. A DUI has mandatory minimum jail terms, fines, license suspensions,...

What are the chances that i can get my DUI charged dropped to a lesser charge.

You have a very hard case. Generally speaking, there are two ways to prove a DUI ... bad driving and what is known as a "per se" violation (blowing over the legal limit). In your case, you would be able to give a possible defense to the bad driving (losing control off the road). But, your BAC (breath or blood alcohol content) is over the legal limit as evidenced by the breath test (.105). The fact that your breath level was that high gives the prosecutor a strong case. It is possible to...

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Why do personal injury lawsuits take a long time

There are many reasons a personal injury lawsuit may move slowly, they include: waiting for the injured person to complete treatment in order to afford them a complete financial recovery; it can take some time to get the medical records, have them reviewed, get the experts needed to show causation (the wrongful act CAUSED the injury), often each side will have different experts, they need time to review the case and then each attorney will want to take the deposition of the other's expert....

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My friend sustained a brain injury and he was in the process of divorce. How can his daughter get custody of him from his wife?

First, I am not a Florida attorney and am not offering any specific advice. Disclaimers aside however, it sounds like your friend may be in a very tough situation. There are a number of things to consider: you state he was in the process of a nasty divorce, was he still living with his wife or were they separated? Is there any reason to believe he is incapable of caring for himself? If so, is it permanent or temporary that he'll need care? Was he represented by an attorney in the divorce?...

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Does the driver that caused a car accident and was at fault have to pay for my damages in injuries even though I am not insured

Your insurance (or lack there of) has no bearing on your ability to recover from someone who injured you. You will rely on the wrong-doer's insurance and (to the extent his insurance is insufficient and the wrong-doer has the ability to pay) the wrong-doer for payment of your injuries. One note of warning: do NOT rely on the fact that the other driver was cited as proof they were "at fault." That MAY be the case, but if they were cited for something unrelated to the cause of the crash/...

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