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Richard Earl Hornsby
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Richard Hornsby’s Answers

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  • Will my juvenile criminal history show up on a background check?

    When I was 15 I had got into some trouble and took the fall for a grand theft felony charge. Instead of going to regular court I pled guilty and it stays in teen court. Since it was in teen court what should I put on job application or resume.

    Richard’s Answer

    Yes, your juvenile criminal history will show up on a background check until you are 24 (although there are a few exceptions to that rule). You should answer the question truthfully if it asks whether you were arrested. If you have not turned 24 yet, you can petition to have it expunged now, which would remove it from your record before your 24th birthday.

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  • Will I be able to find a job in the dental assistant field with a misdemeanor petit theft charge?

    I am looking to go to school for dental assisting. Unfortunately back in 2013 I obtained a misdemeanor petit theft charge on my criminal record. Is this going to restrict me from finding employment after I receive my certification? I was also loo...

    Richard’s Answer

    Most likely. You will just need to be prepared to explain the circumstances to your potential employer. Honesty is usually the best policy. You also might want to see if you can get the charge sealed, in which case it would not show up on a background check.

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  • What happens to a violation of probation charge when probation is terminated?

    On July 21 probation warrant and violation was granted. On August 3 my order terminating probation was ordered. I called clerk, pd office, judge assistant no answers on what happened and why the warrant for vop is still active. What do I do?

    Richard’s Answer

    You will likely need a lawyer to sort everything out.

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  • Criminal case

    My Attorney did not advise me that the Prosecutor offered a Plea deal nor did they answer the Plea deal. Now I have no Plea deal and the Prosecutor is upset and will not offer me the Plea deal, now the Prosecutor will only entertain Trial and Jai...

    Richard’s Answer

    If an attorney failed to relay a plea offer that you would have accepted, you can file a motion alleging ineffective assistance of counsel and ask the court to enforce the plea offer that was not relayed.

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  • Will criminal charges follow and possible jail time?

    I was caught shoplifting in publix, 15$ value. What will happen?

    Richard’s Answer

    If the police responded and gave you a notice to appear or arrested you, then yes, criminal charges will follow. If you were released, there is a decent chance they let you go. As for jail, it is an unlikely result for a first time offender. I would hire an attorney if I were you.

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  • Can i possess firearms with a withheld adjudication on a drug charge 10 years ago?

    I was charged with possession with intent of Marijuana almost 11 yrs ago. I was put on probation and violated via a technical (dirty ua), wound up serving 9 mnths in a county jail for it so i could get the withheld via the judges recommendation.

    Richard’s Answer

    If the judge continued your Withhold of Adjudication after your violation of probation, then you are not considered a convicted felon. However, you would need to get a copy of your sentencing paperwork from the violation of probation to determine whether the judge continued to withhold adjudication after the violation.

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  • Am I a convicted felon?

    This is what it says on my papers i received from the courthouse. Judgment of Guilt and placing on probation. This cause coming on this day to be heard before me and you the defendant blank being now present before me and you having entered a...

    Richard’s Answer

    Sounds like it. I would consult with the attorney who represented you to be sure.

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  • Can a officer arrest a suspect in Florida claiming his probable cause is what the alleged victim claimed?

    Domestic battery claim. Victim lied to cops stated suspect struck her several times. Cops did not interview suspect what so ever. Threw him In car. Cops stated found no marks or any form of bodily harm. Cops probable cause for arrest was what the ...

    Richard’s Answer

    Yes, Florida law allows an officer to establish probable cause based solely on one person's word.

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  • Should I be worried if Im notified to attend sentencing court but I never plead guilty to a charge?

    I was charged with driving while license suspended or revoked. I'm a 2nd time habitual offender. I informed my public defender that I wanted him to push for a diversion program because I am certain that I could get my license back. It's been a mon...

    Richard’s Answer

    This is a Lake County quirk. In Lake County they automatically schedule Plea Negotiation Conferences and Sentencing Dates in each case, even if a sentence hasn't been worked out.

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  • Would it negatively impact my sentencing if I got married beforehand.

    I am 18 and will be sentenced in September. I am currently engaged and would like to get married. At the moment I am a single mother living with my family. Once I get married I will no longer be single but I will still live with my family. The bab...

    Richard’s Answer

    I think it unlikely marriage would change a judge's opinion.

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