Archived
In the state of Florida, may the police enter your apartment without a warrant if the owners of the apartment complex let them?
John's answer
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Answered on February 20, 2017
Under certain emergency circumstance, a landlord may let law enforcement into an apartment without a warrant. Typically these exigent circumstance...
Archived
A friend's son was killed by a drunk driver a few years ago
John's answer
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Answered on January 30, 2017
First, under the Eighth Amendment, the defendant, generally, has a right to bail. Unless charged with a capital offense, and DUI manslaughter is...
Archived
Who does she send it to once it is written?
John's answer
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Answered on January 17, 2017
The Florida Department of Corrections website has a FAQ page covering inmate transfers. See http://www.dc.state.fl.us/oth/inmates/transfers.html#1....
Archived
How can you get a misdemeanor prostitution charge removed from record when someone gets the charge claiming to be you?
John's answer
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Answered on January 17, 2017
She should consult with an attorney as soon as possible. Court records and booking reports should be able to "prove" that it wasn't your friend....
Archived
Can I plead my case to the state of Florida before court?
John's answer
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Answered on January 14, 2017
Can you speak with the State? No, you cannot. Rule 4-4.2(a) prohibits a lawyer from communicating with a person represented by another lawyer about...
Archived
I was arrested make false statement 3 yrs ago in ins. injury case. Can I be arrested again even though DAdeclined prosecution?
John's answer
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Answered on January 11, 2017
As the other attorneys have already pointed out, the Statute of Limitations prohibits the State from filing charges after five years. There are...
My son is charged with a sex crime and he is 14 years old, can we take a deposition?
John's answer
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Answered on January 10, 2017
Your son's attorney will have an opportunity to take a deposition and if the putative victim is under 16 it will be videotaped. Manipulation of...
I have no curfew. Can my probation officer violate me for not being home when he visits?
John's answer
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Answered on January 10, 2017
Your probation officer can allege a violation for any violation of conditions of your probation for which he has a good faith basis to believe...
Is a violation of felony proabation on interstate combat transfer to another state, going to issue pan extraditable warrant?
John's answer
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Answered on January 09, 2017
As a former prosecutor, I used to review VOP warrant requests. The State Attorney in the jurisdiction which originally sentenced the offender will...
How hard is it to get a motion for a mistrial
John's answer
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Answered on December 20, 2016
Mistrial is granted when there is no reasonable alternatives to cure an error at trial. You do not say whether the objection was sustained or not...
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