Archived
How can I get the "Second" lab report that tells the weight by FDLE or whoever past the officer on the scene?
Stephen's answer
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Answered on July 19, 2010
Lab reports are evidence. The State intends to introduce the report as evidence to establish an element of the crime charged. As evidence, the...
Archived
Should I allow my rental house to go into foreclosure, or should I try a short sale?
Stephen's answer
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Answered on July 18, 2010
There is no best answer for all investors. Part of answering intelligently would be ask some specific questions about the original purchase of the...
Archived
Is leaving a child unattended while vehicle running a misdemeanor or a felony?
Stephen's answer
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Answered on July 18, 2010
How such a situation would be charged is up to the prosecuting attorney. Just leaving a running car unattended is a misdemeanor. Leaving one with...
Archived
Does petit theft have to be proven beyond a doubt for a person to be found guilty?
Stephen's answer
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Answered on July 18, 2010
Yes. Any criminal charge must be proven beyond and to the exclusion of all reasonable doubt. The accused is presumed innocent until that level of...
Archived
What are my rights?
Stephen's answer
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Answered on July 18, 2010
Just because you're paranoid doesn't mean they're not out to get you.
So long as the cars are parked on private property there is not much you...
Archived
Is a marijuana smell described in the officers own words as "faint" enough on it's own for probable cause to search a vehicle?
Stephen's answer
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Answered on July 18, 2010
A faint odor will survive the test. There may be more/better legal issues in how the police came to be smelling that faint odor in the first...
Archived
Can a defendant direct/order/compel a public defender to introduce evidence or arguments? Can I force him to goto trial?
Stephen's answer
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Answered on July 17, 2010
As to a trial: you have an absolute right to a trial and no one can take that from you. If you want a trial you shall have one. In order for the...
Archived
How do you file a motion to vacate conviction under the FL rule 3.850 to remove a dwlsr to avoid habitual offender status
Stephen's answer
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Answered on July 16, 2010
I think this question is too multi-faceted to be answered here. The general method for this type of relief is to assert that the plea was entered...
Selected as the best answer
Archived
How do I sue a privately owned detention center in another state.
Is that in the civil court?
Thank You.
Stephen's answer
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Answered on July 16, 2010
Yes, that would most certainly be a civil action and it could be in State or Federal district court, depending on a variety of factors. Such a...
Archived
What angle would a defense lawyer be looking for if a suspect was arrested with less drugs than was reported in the incident rpt
Stephen's answer
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Answered on July 15, 2010
The amount found that whether the charge is a felony or a misdemeanor is less than 20 grams, so the charge would be the same whether there was 1...
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