How does rule 3.172(k) apply to criminal cases court erred in explaining significance of plea in accordance with subsection ?
Paula's answer
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Answered on November 26, 2022
You have 30 days from the imposition of a Florida sentence to file a motion to withdraw your plea, the denial of which could then be the subject of...
May a DCA deny to review a Petition for Writ of Prohibition after a Circuit Court has denied a Motion to Disqualify?
Paula's answer
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Answered on November 16, 2022
Prohibition is the appropriate vehicle to review the denial of a motion to disqualify in a criminal case. While the DCA does not have to grant the...
What do I do if my public defender won't do as I ask? I've been asking for him to withdraw my plea
Paula's answer
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Answered on November 07, 2022
The roles of attorneys and clients are different and do not overlap. Most decisions, such as whether to file a pre-trial motion or take...
How many possession of paraphernalia mistameanors charges can you get before it becomes a felony?
Paula's answer
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Answered on November 04, 2022
Your "possession" of paraphernalia can become a felony depending on what you do with the paraphernalia, such as delivering it to a minor, but the...
Are their statue of limitations on filing ineffective assistance of counsel claims?
Paula's answer
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Answered on November 03, 2022
There is what is called a jurisdictional deadline or time limitation for requesting post-conviction relief. The cut-off is 2 years from the date...
If a person has a warrant issued for a technical violation and they get admitted to the hospital what will happen?
Paula's answer
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Answered on October 31, 2022
Sooner or later the warrant will catch up with her. It might be a prudent idea to hire a lawyer for the VOP beforehand. Once arrested on the...
Can i get a Public Defender for an appeal?
Paula's answer
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Answered on October 31, 2022
You have (or had) 30 days from judgment and sentence (on the VOP?) within which to file a notice of appeal. However, your newly-discovered evidence...
VOP Bond Hearing
Paula's answer
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Answered on October 30, 2022
Every jurisdiction (Seminole County?) has its own way of handling business, and each judge controls his/her own docket. Your nephew's lawyer will...
If I write a letter to the judge and talk to the state DA will it help ?
Paula's answer
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Answered on October 28, 2022
Do not write a letter to the judge. That would be considered an "ex parte" communication, and the judge would put it in the court file for all to...
If I get 18 months in Florida state prison how much time do I really severe?
Paula's answer
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Answered on October 28, 2022
At the time 18 months was pronounced, you should have received credit for any time already served (while awaiting sentencing).
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