Christopher Nida Patterson's Answers

Florida age of consent laws, Florida criminal code statutory rape

The ages of 16 to 18 are a "gray area" for any types of sexual relations. But overall, if the 16 year old has not been emancipated, any sexual relations are subject to criminal prosecutions. Consent may be a defense, depending upon the specifics of the relationship. But overall, this remains a dangerous relationship. While dating is not against the law, sexual relations may be. Should the 16 year old's parents seek law enforcement's help, it could spell great trouble for the 20 year old,...

12 people marked this answer as helpful

Shoplifting

Civil theft is a non criminal statute that essentially calls for triple damages to compensate the store who suffered the theft. BUT, this is often a precursor to a criminal charge. Often times the store will automatically notify the State Attorney's Office to seek criminal charges as well.

2 people marked this answer as helpful

What is the maximun sentence in florida for robbery with a firearm when one has no previous felonies? is 92 points correct?

I can not speak to precisely to what your scoresheet may read, but robbery with a firearm is a felony punishable by up to Life. Given the historical record of local trial judges in the 14hth Circuit, if convicted by a jury, a Life sentence will most likely be imposed.

1 person marked this answer as helpful

Can a warrant issued for FTA and not turning in AA meeting slips required on probation stop SSID benefits and a passport.

The Court will keep this matter open until you return to explain why you have violated the conditions of your probation. Certainly, any evidence you may have which suggests you complied with probation, during the original term, may go along way to satisifying the Court. But failing to appear was a bad choice. And the longer you stay away, the more hostile the Court will grow.

1 person marked this answer as helpful

I was arrested for battery but case was dropped because video cleared me. Why won't the law now charge the real criminal?

You may wish to direct your case to the Office of State Attorney (Bill Eddins) for evaluation. However, if this is not the frist time for such an episode, you may find that law enforcement does not have a will to investigate nor prosecute. In mutual affrays, such as yours, law enforcement makes a judgment call as to who was the aggressor. It may be difficult to change that perception.

1 person marked this answer as helpful

Arrest for non criminal traffic failure to appear

In reality, Miranda rights warnings are only relevant in the event the police officer questions you as a suspect in a crime. Otherwise, the fact the Miranda warnings were not read to you will not be fatal to the state's case. The is no constitutional violation and therefore no remedy.

1 person marked this answer as helpful

Can you be convicted of dui when no drugs or alcohol is system?

It is a critical element of proof the State MUST establish in a DUI case that a person must be under the influence of alcohol/controlled substances to the extent a person's normal faculties are impaired. This may be proved by a breath test and/or a person's refusal to submit to a test to esablish breath content, along with an arresting offcier's subjective evaluation of a person's driving and physical condition. But in answer to your specific issue, I am not aware of any such convictions in...

1 person marked this answer as helpful

What is the statue of limitations on prosecuting a misdemeanor in florida bad checks

Generally speaking you can expect a statute of limitations to be 5 years, however, as with everything else in the law, this may vary. For example, it is very likley the bad check was offered to the State Attorney for prosecution soon after its uttering. If so, the prosecution may have begun within the 5 year window. It may just have taken 5 years to find you and bring you to court. The fact you may just now face this charge is not how the limitation is determined, but rather when the...

1 person marked this answer as helpful

An inactive Inquiry Committe appointed by a University ---- Which leagal area is the issue belong to? How to find a lawyer ?

Your university should have an Ombudsman or other entity to field such greivances so that fairness and balance is maintained. You could also seek directon form the University Chancellor's Office. Your best bet is to contact the Florida Bar Referal Service and seek either an Adminstrative Law or Employment Lawyer.

1 person marked this answer as helpful

What should i look for on the disposition to find out if my case was adjudicated?

Under florida law, to be eligible for a records sealing/expunction, adjudication of guilt must be withheld. This language should be on your judgment and sentence. However, if you were sentenced to any period of incarcerated, the Court would have adjudicated you guilty and you would not be able to seek any such relief. Rather than wait for the mail, you can search the Bay County Clerk's website and find your answer much faster.