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Bryce Aric Fetter

Bryce Fetter’s Answers

614 total


  • How often do you see a defendant offered probation or diversion for drwlsr 2nd habitual if the defendant gets his hardships DL

    I am a 2nd habitual driving offender for getting 6 drwlsr in ten years. Imy license will be reinstated in 2018. I will be receiving my hardships license. Just wondering if hardship license will suffice for driver license

    Bryce’s Answer

    Diversion--never. Probation--possible under perfect circumstances. But know that if you are caught driving illegally then you have to wait 1 year until you resolve that new case to get your hardship license. Because part of being eligible for your hardship license is no illegal driving in the past year. So it's much more difficult than you present. And you need to fight for a good result. Not everyone is treated equally. Good luck.

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  • Does the 33 day rule apply?

    Husband was arrested on 6/22/16 for failure to appear to court for vop, neither one of us can reach his pd, 7/25/16 is the hearing, but that is day 33 he already has 4 days credit should he get released on the 18th? or have to wait for the hearing?

    Bryce’s Answer

    The 33 day rule does not apply to VOP cases. It applies to new cases where the State hasn't' filed charges. Your husband's case is way past that point. So your husband will be in jail until his PD resolves the case or the judge sets a bond. Some judges will set a bond after a FTA and some wont. Good luck.

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  • What is consider sexual activiity as per FL Sex Consent Laws?

    So I understand that anyone under the age of 24 is allowed to engage in consentual sexual activities with anyone 16 years old or older as per FL statue. Otherwise, it is illegal. But what is sexual activity defined as in this context? e.g woul...

    Bryce’s Answer

    It certainly can be depending on how and where you kiss. Start with Florida Statute 800.04(1)(a) for a definition of sexual activity and stay away from anyone under the age of 18 to be safe.

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  • When getting an expungment it says you have to set a hearing. Dose this mean you have to go to court

    Hi my name is chad. I was arrested a couple yeaes ago for pills and i had to do pre trail and then my record was suppose to be automatically sealed. Well it wasnt so now i am going threw the process of haveing to do it all myself. After all the st...

    Bryce’s Answer

    Hello Chad. A record is never automatically sealed in Florida. Never. Sealing or expungment is always an extra step under Florida law, if you're eligible. You will have to get the State to agree or at least have no position on your motion and then if all of your paperwork is in order you can likely avoid a formal court hearing and have the judge sign it in chambers/their office. Good luck.

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  • Can the asa me file a motion of supplemental discovery saying that he gave my pd the body cam footage but really didnt?

    I work at a bar and i was on my way home from work and i was pulled over for "speeding" and ithe officer said that i smelled like alcohol and told me to take a field sobriety test and and arrested me for dui being sober. Im taking it to trial and ...

    Bryce’s Answer

    If the State disclosed the video then they do have it and they have already made it available to the PD. Your PD likely needs to drop off a blank DVD if they haven't already if they weren't emailed a copy. Generally it's OPD with the body cameras and OCSO with the in-car dash cams--so this might be an OPD case. If you were sober, hopefully you blew and blew really low--below .05 and had clean urine if tested. That will make for a very good case. Good luck.

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  • State has not filed "information" yet. Do they have to turn over discovery ?

    I was arrested , however the state has not filed charges yet. We have requested discovery ( demand for favorable impeachment) , but have not received discovery.

    Bryce’s Answer

    Discovery likely attaches later. Unless you are criminal charges are already filed by citation, it's 15 days after the charging document is filed in adult court and 5 days in juvenile court. Good luck.

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  • I took a plea deal so the worst of 4 felonies the 2nd% felony would get dropped I pled to the 3 lesser 3rd degree felonies

    I violated probation by not reporting. Will all the original charges (The second degree felony) come back if my probation is revoked and I'm sentenced to jail? I already did 90 days and had 3 years probation after. I originally scored out for pris...

    Bryce’s Answer

    I hope you didn't score prison with the reduced charges you plead to. You get more points when you violate. Anything is possible but you have to fight for a good result. Not reporting is not a good start to probation. You need sit down with a good attorney so they can evaluate all aspects of your case--charges, judge, prosecutor, prior record, etc. Good luck!

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  • Am I still under probation, and if so, should I fail to get a drivers license might the probation be revoked?

    I was sentenced to one year probation for the crime of driving while license suspended. I have finished and fulfilled the requirements of my probation. However, on the last day of probation my probation officer sent a violation order to the judge....

    Bryce’s Answer

    Y.es, you sure are. You may have defenses but you are still on probation and the court retains jurisdiction over you. Good luck.

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  • Do I apply for early term at the sixth month mark or after the sixth month? Do I need a lawyer to do it or can I do it myself?

    I have 12months probation. I got on probation Jan 15th in court. Im not sure if June 15 or July 15 would be considered half way. I have seeked employment but have been turned down due to the charges and probation so paying a lawyer can't happen u...

    Bryce’s Answer

    July 15th is your halfway point. The charges will still show but not being on probation will help. Your may be able to seal this incident depending on the charge and your prior record. Then it wouldn't show. Good luck.

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