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Richard Earl Hornsby
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Richard Hornsby’s Answers

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  • Does a conviction for an Internet sex crime against a minor ban you from social media sites?

    The Florida charge was 847.0135 (3) .. the use of a computer or internet device in an attempt to seduce a child to commit an illegal sex act. He was convicted in FL, then through the ICA, sent to SC, where he is on the same social media site that ...

    Richard’s Answer

    In Florida, a person on sex offender probation is allowed to use the internet pursuant to pre-approval from their probation officer. If they are not on probation, there is no law that prevents them from accessing any internet site.

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  • Do I need a lawyer for my citation of failure to obey a traffic control device?

    I was involved in an accident in which I was found at fault for failure to obey a traffic control device since I ran a read light causing serious bodily injury to myself. My ticket said no court appearance but when I attempted to pay it they said ...

    Richard’s Answer

    Several civil infractions require mandatory hearings even if law enforcement indicate otherwise. But to answer your question, I would highly recommend you hire a traffic ticket attorney. They are usually around $100-150 and are worth every penny.

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  • Should Let them serve me? What should I do?

    In 2014 my ex called the cops saying that I was stalking him, we had not been together in 2 years, when the officer came out, he told them about things that happen during our relationship long story short they use all the times he called the cops ...

    Richard’s Answer

    If it has truly been two years, you likely have a defense based upon the statute of limitations. As for serving you, there are two issues to consider. (1) If you do not let them serve you, a warrant will be issued for your arrest. (2) You may want to put off letting them serve you to make sure you are served outside the two year statute of limitations. But this will require you to hire an attorney to make sure it is done correctly.

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  • Criminal case dismissed or Nolle Prosequi, but still shows as pending 3 years later, can this be corrected?

    I was arrested and charged with a felony and misdemeanor drug possession charge in May of 2013. This occurred in Broward Count Florida. I did not live in Broward, and I had the case transferred to Orange County, in which I completed the drug court...

    Richard’s Answer

    • Selected as best answer

    This is an easy fix (although it would probably be easier for an attorney). All you need to do is contact the Clerk of Court in the jurisdiction where the case still shows as "pending" and provide them with a certified copy of the Nolle Prosequi.

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  • Can my license be taken away if I already have a red light ticket and get charged with reckless driving?

    I was pulled over by a police officer and he gave me a citation for reckless driving under the influence of marijuana. I depend a lot on my car since my work and college are far from my home. I'm supposed to attend traffic court for my charges. A ...

    Richard’s Answer

    It is unlikely you will lose your license. I would advise you to hire a good attorney to make sure you don't.

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  • Do you have to follow another state rules on cannabis when the state you live in decriminalize cannabis up to 20G?

    I temporary resisded in Virginia, I got pulled over with just crumbs of cannabis. I was put on probation in Virginia but a resident in Florida were its decriminalized if you have under 20G. You usually get a $100 ticket and that's it. my probation...

    Richard’s Answer

    Possession of Cannabis is a crime in Florida, it has not been decriminalized. However, some municipalities have adopted directives that their law enforcement are not to arrest certain offenders. Finally, you have to abide by the specific terms of whatever contract you entered (or probation order).

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  • Can I have a third degree felony- no contest withheld adjudication in Clay County vacated

    I made a plea deal on a third-degree felony grand theft with a plea deal of no contest withheld adjudication. ( I guess normally you have to have guilty withheld adjudication?) I am a nurse and did not realize the effect this plea deal would have ...

    Richard’s Answer

    If your attorney at the time misadvised you regarding the collateral effects your plea could have on your professional license, then you could file a Motion for Post Conviction Relief arguing ineffective assistance of counsel. However, even if you get your plea vacated, you would still have to resolve the case and there is no assurance you would be able to get a better deal than you originally got. Finally, you may want to consult with a lawyer regarding your nursing license, as a Grand Theft charge does not render you ineligible to be licensed under Florida Statute 456.0635.

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  • Can my Command (Army) request my pretrial diversion paperwork directly from the Court without my authorization?

    I have since successfully completed all the requirements established by the Court and even filed for expungement several months ago. My thought is that the military now wants the paperwork for some type of action against me but I thought that was ...

    Richard’s Answer

    If your expungement has not been finalized, then all of your court records are public record.

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  • How do I go through this ROR warrant

    I am a working dad with a wife and 3 kids and my situation goes like this. I was on probation in one county and when moved to another county I was arrested for battery. Now that I was arrested up here, it made my previous case a VOP . I have a ror...

    Richard’s Answer

    If there is an ROR warrant, you should take care of it before you visit your PO. You should be able to go to any county jail in Florida and be booked and released. Then the VOP process has been initiated and you will be sent a court hearing notice in a week or two. If you go to your PO before taking care of the warrant, you will be arrested and transported to the jail and it will elongate the booking process.

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