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Christine Pejot’s Answers

35 total

  • A person gets arrested for the first timebut has 8 2nd and 3rd degree felony drug charges are they likely to get jail time

    was caught dealing drugs to an undercover detective

    Christine’s Answer

    The person is certainly facing prison time. However, depending upon the facts, there may be ways, including some drug court programs, to resolve the cases without the imposition of jail time. The person should really seek the advice of an attorney without delay. Our office is in Tarpon Springs and we offer free consultations. Please feel free to use/pass that information along and contact us.

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  • My brother has been arrested for aggrevated battery on pregnant female....

    My brother was just arrested for aggrevated battery on a pregnant female....she did not press charges but did file police report and stated that he pushed her. The thing that scares me is that about 2 years ago he was released from prison for robb...

    Christine’s Answer

    Yes, your brother is likely facing prison time, because the charge is a serious felony. The State may also proceed on its own, even when the alleged victim requests that the charges be dropped. Victim input, however, is one factor of many that may be used to attempt to negotiate a resolution that does not involve prison time. On the other hand, the extent of your brother's criminal history will also be a factor. Depending upon the facts and/or what is revealed from depositions, your brother may also want to pursue a trial. I suggest immediately scheduling a consult with an attorney. Our office is not too far from you, and you may contact us if you wish for a free consultation. Ultimately, hiring a private attorney comes down to a person's finances and ability to pay. While Public Defenders are often very good lawyers---they are just extremely busy and likely to have 300 other cases in any given month.

    Christine E. Pejot, Esq.

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  • I am being charged with 2nd degree grand theft. At first it was 3rd degree between $5-10k, then it went to $52k then $56k.

    Now they are saying they will settle for a guilty plea in exchange for 5 years probation and pay back $39k. I did not steal any money from my former employer and this case has been going on for 2 years. They just provided last week (the state) a s...

    Christine’s Answer

    You should request a meeting with your court-appointed attorney to thoroughly discuss the pros and cons of a resolving the case without a trial versus whether going to trial is the best decision based upon the evidence (or lack therof) in your particular case. If you feel like he does not want you to go to trial, you should ask him why. Ultimately, the decision rests with you, but having a better understanding---rather than just "a feeling" will help you make the most informed decision.

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  • In Fl. can charges be dropped by the prosecutor if the victim doesn't press charges?

    Never even had a parking ticket, now am charged with misdemeanor domestic battery(1). Injury was two small superficacal scratches on upper left shoulder trying to take car keys away from 28 year old daughter. And I'm the one who called police. Pol...

    Christine’s Answer

    The ultimate decision to move forward on charges rests with the prosecutor. Unfortunately, even if the "victim" wants the charges to be dropped, the State may decide to proceed. You should contact an attorney to consult in person in a confidential setting to learn about your options.

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  • If someone is wrongfully accused and imprisoned for 20 months without being guilty and the case is dropped how do they sue back?

    they want to go after the people that held them and falsely accused them what do they need and how long to they have after being released from jail do they have to file?

    Christine’s Answer

    The answer to your question depends greatly on the specific facts of your case, e.g. whether you can prove the evdence and/or accusations against you were fabricated, whether law enforcement and/or the State had reason to know the evidence was bad and pursued a case against you in bad faith, etc. Dismissal of your charges is not necessarily enough to win a civil case. You should immediately schedule an in person consultation with an attorney that handles these types of issues to determine the statute of limtations of whatever law suits you may be able to file to ensure that you act within the appropriate time frame if you decide to file a law suit. Different statutes of limitations may apply depending upon the specific claim(s) you pursue.

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  • Is prison likely for a first time offender accused of grand theft in the first degree between 300,00 to 800,000?

    A friend of mine was arrested on Grand theft first degree chargers. She has no priors at all and has had 2 pre-trail hirings continued. It is a high amount ranging from 300,000 to 800,000 dollars. Is prison likely in this case, or is probation lik...

    Christine’s Answer

    While it is certainly helpful that your friend has no priors, the dollar amount involved is significant and it would be surprising if the State were not seeking prison time. If she has the means to do so, I would suggest retaining a private attorney who may negotiate with the State on a number of factors dealing with the victim, restitution, etc. Depending upon the circumstances, the State may agree to amend the charge so that the case may be successfully resolved upon repayment to the victim through participation in a pre-trial diversion program (only if eligible) or while completing probation. Resolution of cases, however, is very fact-specific and your friend may get much more valuable and case-specific advice from an in person consultation with an attorney. Our firm is located in Tarpon Springs and offers free criminal defense consultations. Please feel free to pass along our information to your friend if she is looking for a law firm in Pinellas. We are forwarded messages after hours and would be more than happy to assist.

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  • If I am found not guilty of battery on elderly can I later sue the complainant, witnesses, nursing facility , and or police?

    I was arrested for lewd and lascivious initially but I was eventually charged with battery on elderly because i was a nurse taking care of a patient with dementia. If I am cleared who can i sue for slander, libel, of defamation of character? I sin...

    Christine’s Answer

    You may sue your employer, or whoever wronguflly accused you, but the likliehood of your success depends greatly upon the facts. In order to succeed, you must prove that false statements about you were disseminated to third parties (verbally or in writing) and you suffered damage. Losing your job and the criminal trial certainly would satisfy the damage element. However, being found not guilty does not necessarily prove that the statements or allegations agaist you were false or that the nursing home was not acting reasonably in pursuing charges against you based upon information that they may have had at the time. Legally, your not guilty verdict simply means that the elements of the criminal trial were not proven "beyond a reasonable doubt." That is a very high standard---unlike the standard of proof in civil court. Although different from your situation, I'm sure you've heard of cases where a person was found not guilty in a criminal trial---but lost a civil suit against them for the same issue. OJ Simpson is a well-known example of that. You, on the other hand, have to prove your case in civil court, and while your statndard of proof is not as difficult as the State's was in trying to convict you, you still have the ultimate burden (unlike in your criminal case). Your not guilty verdict helps your position, but it does not automatically give you what you need to win. Cost of litigation and attorneys' fees are another big consideration in determining whether you want to pursue a law suit.

    A successful law suit against law enforcement is questionable if law enforcement had probable cause to arrest you. But again, potential defendants and claims depend upon the specific facts of your situation. You should contact an attorney for a consultation and thorough review of the facts.

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  • I am 16 years old and i decided to steal 5 vide games totaling 89.02, what are going to be the consequences of my actions?

    Would hiring a public defender lessen any of the consequences? I am moving on June 15th to North Carolina, if i am sentenced probation, can i leave the state?

    Christine’s Answer

    The consequences of your actions depend upon all the facts, including your prior record, if any. I agree with Mr. Hornsby that a private attorney may work with the State Attorney's office to get you into a diversion program. Keep in mind that any prior record will impact your eligibilty for a diversion program. If you or your parents cannot afford an attorney and you are facing potential jail time, you may be eligible for a court-appointed public defender. In any case, if you have not hired a private attorney before your first court date, you must attend that court date or you will face further consequences by the court. Our firm handles cases in Hernando, Pasco, and Pinellas Counties, and you're welcome to contact us for a consultation at our office in Tarpon Springs.

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  • I need to print out florida state laws on children ?

    recently i had a baby with my ex girlfriend . i had the baby for the weekend and she told me to bring our daughter to her mothers. i refused because i was spending time with my daughter . the mother showed up at my house at midnight with the polic...

    Christine’s Answer

    A family law attorney can best answer your question. You may also find some helpful information at http://www.flcourts.org/, which has self-help sections and forms dealing with family law.

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  • Retiring from a public school system; want to write a letter to my principal on issues;can he sue for slander ?

    I want to write a letter to my principal stating my opinion on various issues under his leadership, especially that he is creating a hostile work environment. If I state my opinions on issues, can he sue me for slander, even though I don' t use p...

    Christine’s Answer

    I believe you are asking whether you can be successfully sued for libel, which is a type of defamation claim. Slander refers only to verbal statements. Without understanding the specific facts of what you intend to write, it may be helpful for you to note that a successful libel claim involves any untrue statement(s), viewed by a third party, that causes damage to the person about whom the statement is written. The principal at your school and/or the issues you'd like to address may also be considered public in nature, which may make it more difficult for the principal to prevail in a lawsuit if one were filed. You should also note, however, that lawsuits are sometimes filed without merit. Even if you have a good defense and ultimately prevail, your defense could be expensive, time-consuming, and an overall unpleasant experience. If you intend to pursue drafting a letter, I would advise that you use caution to keep your emotions to a miniumum and stick solely to the facts, avoiding any personal attacks. You may also consider using another approach and request to meet with your principal to discuss the issues. Although I am unable to offer you specific advice without knowing more details, I hope this was helpful to you.

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