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Lily Margaret McCarty

Lily McCarty’s Answers

6 total

  • Is it possible to have record expunged after two dwls?

    Lily’s Answer

    If you were charged with DWLS with knowledge it is a criminal offense. However, if you are charged with DWLS without knowledge, it is a civil infraction. Do you know which statute you were charged with? Were you arrested or required to go to court on both infractions? If they were both criminal, then you can only seal or expunge one arrest in your life (in Florida) and you must have a withhold of adjudication.

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  • 6 weeks left of probation

    Lily’s Answer

    The probation officer will likely violate you due to the fact that you are near the end of the probationary term. You should have an attorney get you a court date before a warrant is filed to address with the court. You may be able to request that the probation be extended, or that you convert the restitution to a lien. However, it will depend upon the Judge that you will be in front of, the victim's requests, and how much you have paid thus far.

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  • May I be prosecuted for hitting someone year and half ago?

    Lily’s Answer

    There are a few things that need to be answered regarding how long the State has to prosecute you for the incident with the woman. Did she receive injuries or seek medical attention? If not, then I do agree with the other answers that it is unlikely that the State will prosecute you. However, if you are seeking an injunction for protection against violence, she may attempt to argue this in her defense. You want to know what scenario to expect. I think you can expect that she will attempt to bring this up if a temporary injunction or a hearing is granted, and she will seek to defend herself. There is a possibility she may also seek an injunction against you.

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  • Can a juvenile judge order a 17 year put under house arrest and monitored without officially charging him with a crime in Fla.?

    Lily’s Answer

    Attorney Henderson was very accurate in his answer above. I will also add that you should hire an attorney to immediately contact the State Attorney's Office. At 16 or above, Florida Statutes allow the State Attorney to file a Juvenile case in adult court for any felony violation. This is a very serious concern, as many cases with similar facts are charged as Robbery by Sudden Snatching. While the facts that you have described do not seem as serious as a Robbery, they can be legally charged as such. You need to consult with an attorney in your community to avoid criminal prosecution in the Adult Court system.

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  • Wish to to have early termination of probation all requirement have been met ; if I go pro-de what is processe

    Lily’s Answer

    Seeking to early terminate from probation can be handled as a pro se matter, however it is always best to seek counsel in this area. Have you consulted with your probation officer, and will they agree with your request to early terminate? If they do not agree with your request, the court may give more weight to the opinion of the Department of Corrections. With the assistance of counsel, you can have an advocate litigate on your behalf. You may also have to call the Judge's Assistant to get a court date. Many Judges will not automatically set a court date with just a motion, you will likely need to get a date and file a notice of hearing.

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  • I need to know what to do?

    Lily’s Answer

    You should speak with an attorney that specializes in Post Conviction work. The ability to seek a new trial after the direct appeals are completed is a difficult process. In certain cases, Florida Rules of Criminal Procedure allow a Defendant to seek a new trial if there is newly discovered evidence. However, this process is not guaranteed. You should have your daughter seek advice from counsel as well.

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