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Valerie Erwin Prevatte
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Valerie Prevatte’s Answers

143 total


  • What is a calender call hearing? and what happens?

    what does calender call mean hearing ? what happens? if I get a lawyer do I still need to be present for it? can my wife come to be there with me? what usually happens at a calender call?

    Valerie’s Answer

    More information would be helpful to answer your question. If it's a criminal case, then you need to be present with your attorney unless your attorney has already filed a waiver on your behalf; otherwise, you risk a warrant for failure to appear in court. If it's a civil matter, then yes, you probably need to hire an attorney. At a minimum, I suggest you contact a local attorney for guidance. As to your wife being able to attend with you, keep in mind the Constitution guarantees open courts: any citizen is free to come sit and watch the proceedings (with few exceptions). Good luck.

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  • What should I do? and how do I go about doing it?

    I was involved in a car accident about a year and a half ago. I was at a red light when a Ford F-150 rear ended me. I ended up having multiple neck(C6-7 disectomy with a C6-C7 total disc replacement with LDR-Mobi-C) and back(L5 laminotomy, S1 Lami...

    Valerie’s Answer

    I recommend you sit down with your current attorney and ask him/her these questions as, presumably, he/she knows the facts of your case best. Maybe the case wasn't as strong as initially predicted? If you have lost confidence in your attorney, consider doing a consultation with another reputable attorney in your jurisdiction. Good luck.

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  • Can attempted robbery 2nd degree D felony be sealed in the state of NYC. The charges is 4 years old

    I pleaded Guilty to a attempted robbery 2nd degree felony and I'm trying to find out if my records could be sealed

    Valerie’s Answer

    If the offense was committed in Florida, then Florida is the State in which you would want to petition for a seal or expungement, even if you are now living in New York. If you're living in Florida and the offense was in New York, as my colleagues said, contact a criminal defense attorney in New York. Good luck.

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  • Possible court outcomes/pleas on a FL speeding ticket?

    If we hire an attorney to represent us on a speeding ticket (62 in a 40) what are the possible outcomes when we go to court? I understand best case is the officer does not show up and the case is dismissed and worst case you are still found guil...

    Valerie’s Answer

    I recommend you retain an attorney if you can afford it. A lot of times, the officers fail to prove an essential element necessary to introduce the evidence of speeding, so a good attorney could get the case dismissed outright. If you don't understand the Rules of Evidence, you won't know to object to the introduction of inadmissible evidence.

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  • How do I find out if I have a warrant and how do I take care of it? I need to get my license back as soon as possible.

    I have a suspended licence in Seminole county fl. And believe I have a warrant in Broward County fl. I have asked the police department in Seminole county if I have warrant and they said no.

    Valerie’s Answer

    You can call the warrants division of the different law enforcement agencies and ask. Seminole PD might not have done a thorough search to discover the Broward County warrant.

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  • wondering how likely it is for me to get arrested? Does misdemeanor show up on ncic?

    In 2012 I have stolen a card and used it for under $600 from my employer because they didn't pay me my hours that I worked. They filed a police report. I came clean to the police and I was told by the officer that he'll try and talk to my old emp...

    Valerie’s Answer

    Yes, misdemeanors show up on the NCIC. The "minor misdemeanor" could easily balloon into something much bigger. I don't know which county your case originated, but in North Florida they often put out warrants for misdemeanors and frankly, a credit card fraud case would likely be prosecuted as a felony, not a misdemeanor.

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  • Will I be drug tested in pretrial diversion?

    I recently got arrested for tag not assigned to vehicle and petty theft. I was granted pretrial diversion, seeing as it was my first offense ever, and I go to sign my contract Monday morning. Will I be drug tested or alcohol(etG) tested? I'm not o...

    Valerie’s Answer

    Random drug & alcohol testing is usually a standard condition of PTD in Escambia County. They rarely test you the first day though. If you didn't steal the tag & weren't the one who attached it, you might want to consider rejecting PTD and using the public defender to contest the charge -- they'll probably end up dropping it unless you made incriminating statements to the cops or in court .

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  • Will my probation get transferred?

    I am on probation for a felony (adjudication withheld). I have about a year left of a three yr term, haven't violated and have never failed a drug test or missed a monthly report. My wifes job is transferring her to North Carolina within the next ...

    Valerie’s Answer

    • Selected as best answer

    Some probation officers will give you extended travel authorization and will let you mail in your monthly reports. Your history of prior supervision will be a determining factor. Also, be sure you've completed all special conditions such as classes, community service work, payment of restitution, etc. Finally, be very, very careful if your probation is transferred to NC to still stay in touch with the Florida PO; don't trust the NC PO to send documentation to the Florida PO. It's very common for the local POs to file VOPs a few days before probation is supposed to end, alleging that the probationer hasn't completed all terms & conditions. I had a case recently of a client whose supervision was transferred to Mobile; the client did the community service work and classes in 2013, but the local PO filed a VOP anyway because the proof was never submitted to him in Florida.

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  • Will I lose my medical license? Will I no longer be eligible to work as a CNA?

    I obtained my CNA license in October 2014.,in 2015, I was convicted of misdemeanor retail theft. What will I be facing? I have no prior conviction history. Will I lose my medical license? Will I no longer be able to be employed in the medical fiel...

    Valerie’s Answer

    If you were convicted (as opposed to adjudication withheld) then you can't have it removed from your record. And yes, it can have devastating consequences on your livelihood. Contact an attorney with prior experience in professional regulation cases or one previously employed by DPR.

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