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Richard Earl Hornsby
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Richard Hornsby’s Answers

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  • I am wondering if my friend was sentenced correctly. This is in the State of Florida

    On the judgement my friend was sentenced to aggravated battery with deadly weapon on LEO 784.045(1)(A)(2). She was sentenced to 5yrs. DOC with a 5yr minimum mandatory imposed. However on her scoresheet the primary offense is listed as aggravated b...

    Richard’s Answer

    It is correct, as Aggravated Battery on a LEO is a First Degree Felony and carries a mandatory minimum five year prison sentence.

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  • What happens if my girlfriend hits me multiple times and I hit back in self defense? Does she go to jail or do we both go?

    My girlfriend attacked me and hit me mulitple times. I hit her back in self defense. She called the cops but they arrested her. I want to know if she decides to get a lawyer can they turn the case around and charge me instead? I am the victim in t...

    Richard’s Answer

    Usually, when there are dueling complaints of battery, law enforcement will arrest the person they believe is the primary aggressor and file an at-large complaint with the State Attorney's Office regarding the person they believe is the secondary aggressor. Hopefully the two of you will realize you are adults and resolve this internally instead of wasting criminal justice resources on the matter.

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  • What constitutes illegal search & seizure? Do you have to receive a warrant for a police officer to confiscate your cell phone?

    The cell phone was confiscated when police pulled me over for running a stop sign, which there was no stop sign. They said they were going to search the phone for drug paraphernalia but used the phone to search for evidence in a new case they want...

    Richard’s Answer

    I would suggest hiring an attorney, as law enforcement cannot seize your phone unless they have reasonable suspicion that it contains evidence of criminal activity. Moreover, they cannot search the phone without a search warrant.

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  • How do you get a DUI dismissed when the charges were issued passed the statute of limitations in our state. 4 years

    My husband was arrested for DUI and driving on a revoked license in our neighboring county. When I posted his bail we were told there was a bench warrant for his arrest on a DUI in our county. He had been arrested in 2012 for driving without a lic...

    Richard’s Answer

    You need to discuss this with your court appointed attorney or hire an attorney.

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  • Why would a pre-trial hearing be scheduled after a jury trial?

    A person I know is involved in a DUI case - This was technically his first DUI charge, but got 2 more DUI's in a six month period after this one. The 2nd DUI was plead nolo and was his first actual DUI conviction, the 3rd has not been arraigned ye...

    Richard’s Answer

    Most likely, on the day of trial the case did not go to trial and was continued, thus requiring a new pretrial date.

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  • I live in Florida, and had a case in 1996 the Judge adjudication of guilt was withheld by the judge. Is it expensive to expunge

    worked as a clerk in a convenient store, was on a seizure medication that was prescribed the night before and sold a beer to an undercover officer

    Richard’s Answer

    If you pled to the offense and received a withhold of adjudication, you would only be eligible to have the case sealed. Practically speaking though, it would achieved the result you are seeking

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  • Can I return to the US?

    I have DACA and they approved my advance parole to visit my sick grandmother. In 2011 I was arrested for petty theft but got the charges dismissed because of pre trail diversion program (Nolle pros). So I don't have a conviction. Will I have troub...

    Richard’s Answer

    I do not suspect you will have problems returning to the US, however, you should consult with an immigration attorney before doing so.

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  • How much will the fine be and do I have to pay it ?

    Im 17 and I stole something under $20 from kmart, they stopped me outside with the empty package and told me to their little office in the back with my mom. The police were invoked and told me that i was banned for a year and that I was going to b...

    Richard’s Answer

    The maximum fine for a Second Degree Misdemeanor Petit Theft is $500.

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  • Can I sue a clerk of the court for negligence, for incorrectly calculating the amount of jail time credit.

    I was sentenced to Florida D.O.C for a term of 24 months with credit for all time served. There was a error in the amount of jail time credit that I received on a case and it was clear to see. Upon my release, I went to the booking department in ...

    Richard’s Answer

    You would not have a cause of action. The Clerk is entitled to immunity in the undertaking of their ministerial actions. Moreover, it would be as much you and your attorney's fault as the Clerk's, as no person would better know how long you were in jail than yourself.

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