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Aaron David Delgado

Aaron Delgado’s Answers

13 total

  • What is obstruction with violence and witheld conviction ?

    I was charged with obstruction with violence .....and went to court and was told I could plea no contest which included withold conviction. Does it mean I will have a conviction waiting for next time I get arrested?

    Aaron’s Answer

    A court may withhold adjudication in certain cases, but a prior withholding of adjudication of guilt on a felony may make you ineligible for a future "with-hold."

    As has already been pointed out, I think you should be less concerned with "the next time [you] get arrested" and more concerned with this case.

    You may have legal defenses available to you (your question does not give many details) but you should also remember probation carries certain risks including up to five (5) years in prison if you violate probation in a willful & substantial way.

    Also, this crime is one of "violence" and I am always cautious about clients entering pleas to violent offenses because of future sentencing issues. I suggest you hire an attorney to represent you in this case or at the very least make an appointment to review the evidence and the case with your appointed attorney BEFORE entering a plea.

    Finally, be realistic about probation - ask yourself can you DO PROBATION. If not, ask your attorney about alternatives that may not set you up for what we call a "delayed prison entry."

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  • Is true thatt i can vacated 2 felonies,from 1991 for two diferent arrest ,for dealing with st0ling property ?

    the public defender did not advisme of the inmigration consequences,but i have a misderminor before and another one after this 2 felonies. they toldme that there is a new federal case"padilla" that will support my peticion to vacate them.

    Aaron’s Answer

    You should consult with an immigration attorney to determine whether or not your other cases may subject you to deportation, etc.

    Obviously, to raise this issue, you need to be removable i.e. - not a U.S. Citizen.

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  • My husband has a pending charge of armed robbery..he has no prior felonies what kind of time are we looking at

    he was in college and his grandfather just passed away the day before

    Aaron’s Answer

    In addition to what Mr. Rawlins said, it is important to know how old your husband is. If he is under the age of 21, he may be treated as a youthful offender.

    Also, what kind of weapon was involved? If it is a firearm, there are certain statutory minimums which may apply under the so-called "10-20-Life" statute.

    Considering how severe the charges are (particularly if a gun was involved) you should either retain private counsel or work very closely with your appointed counsel.

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  • Do i have to meet with this investigator? If i don't will i be issued a warrant or will an agent really co

    I received a letter in the mail stating that there was a criminal investigation on me regarding public assistant fraud. It stated that i needed to contact the investigator that was on the letter immediately. I contacted her and she said she needed...

    Aaron’s Answer

    I suggest you contact an attorney and determine how much they would charge to consult with you and be present during any interview.

    Respectfully, if you are under "investigation" the State is probably going to prosecute you regardless of whether you "cooperate" (i.e. make their job very easy) or decline to speak with them and exercise your right to remain silent.

    If the investigator comes to your house, you may not be entitled to appointed council (its not custodial if you are free to leave), but I would suggest you not speak to anyone from law enforcement without an attorney present to represent you. If you cannot afford an attorney at this stage, tell the investigator you are unwilling to speak to them.

    A lot of people assume talking to the police will result in them "getting a break." In my experience, this is almost never the case. There are no good reasons to talk to the police, period.

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  • Can a 18 year old girl date a 17 year old guy ?

    because, I am wondering

    Aaron’s Answer

    An 18 year old can "date" a 17 year old.

    Actually, its legal to "date" at almost any age - its physical/sexual contact that is illegal.

    So, if the question is can an 18 year old have sex with a 17 year old, then the answer is also a "yes"

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  • Im on pre-trial intervention in Columbia county florida but I have family in New York Id like to visit for a month, Can I do it?

    I'm on pretrial in columbia county florida and I'd like to visit my family in Utica, NY

    Aaron’s Answer

    Both of the other attorneys make good points. Additionally, if your PTI officer (essentially a probation officer since its being supervised by DOC) will not agree, you should ask your attorney to contact the Judge and request permission for you to travel. If you do not have an attorney, consider filing a written motion (basically a letter) to the Judge who was originally involved in your case asking for permission to travel. Make sure to provide details on your trip (the tickets, where you will be staying, etc.) and be ready to answer questions about supervision while out of State.

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  • Question, Im on 5 years of supervised probation, how am I to waive the costs if I have no possible way to pay anything?

    I have been wondering about this for the last three years Ive been on this. I'm currently living by myself now because of personal issues involving my mom having to take care of family. So far, my probation officer has not even acknowledged it and...

    Aaron’s Answer

    First, try to speak with your probation officer directly. Probation should be made aware of your financial difficulty and may work with you, based on your financial status, to reduce the costs of supervision.

    Truthfully, if you have completed more than half of your probation, most Judges would terminate your probation early, particularly if you only owe money for costs of supervision, etc.

    If money is tight, you may have a hard time hiring an attorney, but I would recommend you ask the probation officer about his/her position on reducing your costs of supervision and also about early termination of probation.

    You can always write the judge a letter asking to be "early terminated" on probation and ask the Court to hear that request.

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  • Will I or my friend be able to speak at an arraignment?

    My friend committed a misdemeanor and when they did, I wound up getting arrested because I was with them at the time. I didn't actually do anything or know anything about it until it was all said and done, and tried to say so, but of course, who a...

    Aaron’s Answer

    • Selected as best answer

    Depending on who your judge is, you may get some latitude to discuss the case, although it is generally not in your best interests to do so.

    Chances are that if you and all your friends are in front of the same judge, you are not all going to get public defenders (if you are otherwise eligible).

    Absolutely enter a plea of not guilty, and then meet with your attorney. Provide your attorney with witness statements, etc., but understand your friends attorney may advise them against giving you a written statement.

    Truthfully, cases like this are commonly disposed of with either a diversion program or are dismissed by the State.

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  • I was charged with reckless driving and did 30 days in jail and how much time would i do if i violated the second month on prob

    the second month on probation for dirty piss .by the way ihad a dui before a few years ago

    Aaron’s Answer

    Do you have any prior reckless driving charges? That is very important.

    For your first reckless driving charge, the penalty is a max 90 days in jail (not 60)
    If it is a second or subsequent conviction, it is up to 180 days in jail.

    See F.S. 316.192

    This is a case where you can really benefit from counsel.

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  • What is the maximum penalty for speeding and not having a valid drivers license?

    i was pulled over for going 58 in a 35 because my aunt was dying in the hospital and i have no one to get me and i have a copy of the death certificate cause she did die that day, is there anyway that the judge may be actually nice and let me go o...

    Aaron’s Answer

    If you can get your drivers license back before the Court date, this will go a long way to resolving the case.

    It also matters if you received a Court date for a traffic court hearing (on a civil citation for failing to display a valid drivers license) or if you were charged criminally.

    In Deland, if you have a criminal case, the County Judges will usually dismiss the accompanying citations if you plea to the criminal case (or if it is otherwise resolved). However, they may send it down to traffic court too.

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