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Richard Earl Hornsby
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Richard Hornsby’s Answers

1,722 total


  • How does gain time in FL work if you have been sentenced in 2 seperate counties does gain time in one county transfer?

    Hi so my girlfriend had got a new felony charge in orange county FL. She was on felony probation in osceola and misdemeanor probation in orange county. She was sentenced to 6 mths in osceola county she became a trustee and had a projectes releas...

    Richard’s Answer

    No, good and gain time for people sentenced to county jail is county specific. If the person was sentenced to prison, they won't good or gain time will not accrue until you get to prison.

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  • Is it possible to sue the court or the judge, personally, or both for lost travel expenses?

    I was summoned to appear in court for Violation of Probation in April. Apparently, unknown to me, one of the stipulations of probation was to get a drivers license reinstated. As I explained to the judge at the hearing, I have been unsuccessful wi...

    Richard’s Answer

    Sounds like you should have hired an attorney. An attorney probably could have gotten the VOP dismissed since inability beyond your control is a defense.

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  • What can I do To get Walmart to drop a petit retail theft charge?

    I was grocery shopping at walmart and before checking out I decided to sinfully get an order of cheese sticks and jalapeno poppers from the Deli. I walk over to the salad and I take a bite of a cheese stick and give my boyfriend the other half. 2 ...

    Richard’s Answer

    Truthfully, there is nothing you can do to get WalMart to drop the charges.

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  • Is a ordinance violation going to violate my probation?

    I have a violation for a open beer in a paper cup. I have been on probation for almost 5 years with no violations. I was not issued a ticket that has to be paid nor do i have to appear in court. the officer said i should tell my p.o and he will vo...

    Richard’s Answer

    Most probationers are required to report any contact with law enforcement regardless of arrest, so you should check your probation conditions. As for the warning, it is unlikely to result in a violation unless you are not allowed to have alcohol.

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  • Is witholding a defense deposition from a defense client for months despite numerous requests (documented) for such till after

    His plea (no lo) was finalized an ethics violation worthy of the bars attention? The transcripts were VERY shoddy and very exculpatory! Not looking for ineffective assist (too much money too much hassle) but a bar complaint? This is MORE (in m...

    Richard’s Answer

    It would be helpful if you could post your question(s) in complete, coherent, and grammatically correct sentences.

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  • I need to get this sealed, expunged, or pardoned off of my record.

    Final disposition in Monroe County : Def Sent/Guilty - Non Jury Trial/Adj I am 24 years old now, but when I was 18 I was arrested and charged with a misdemeanor for possession of marijuana under 20 g. I was put on a probation program and ended ...

    Richard’s Answer

    If you were adjudicated guilty, you are ineligible to get your case sealed or expunged. Regardless, it is highly unlikely a misdemeanor marijuana possession from when you were 18 would prohibit you from getting into medical school or subsequently getting a medical license.

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  • Can I have my entire criminal record expunged with 3 separate and unrelated arrests if all charges were dropped?

    I have been arrested 3 times in the State of Florida between 2010 and 2013. Each arrest was based on poor "probable cause" and circumstantial (at best) evidence. Accordingly, the State Attorney filed "no information" on all 3 cases before ever goi...

    Richard’s Answer

    Technically, the answer is yes, because Florida Statute 943.0581, authorized a person to petition for the administrative expunction of any nonjudicial record that was created as a result of an arrest made contrary to law or by mistake. And unlike the Court-Ordered expungement statute, this can be pursued as many times as you like. Practically speaking though, the answer is no.

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  • My roommate took our $2000 tv even though I paid for it. How is property ownership determined with roommates after separation?

    We don't have anything in writing but I paid 90% of the tv and other items but he took them and didn't even pay his last month rent. Do I have rights to the items if it was assumed they were for the house hold to be used mutually?

    Richard’s Answer

    If you can prove you had a superior ownership interest in the TV, you could possibly pursue theft charges against your roommate. See Russ v. State, 830 So. 2d 268 (FLa. 1st DCA 2002) With that said, it is unlikely law enforcement would get involved because they will view it as a civil issue even though it could be pursued as a criminal issue.

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  • Can I dispute a charge against a moving company with my bank legally?

    We hired a moving company for a local move. They showed up late, stood around wasting time, didn't bring a big enough truck, damaged A LOT of stuff. There was no contract signed, but a payment for $420. While unpacking, we started taking note of e...

    Richard’s Answer

    Under your unique circumstances, it would not be theft because there is no intent to defraud the moving company. With that said, you are unlikely to win your credit card challenge. The proper remedy would be to file a small claims (assuming the amount is under $5,000).

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  • What is the 100% legal way to resolve my current living situation?

    I am now 35 years old. I begun writing Avvo about 7 years ago because my life was and still is being demolisted by someone else. About 10 years ago something strange occurred at my apartment and it was as if I died and someone else begun living as...

    Richard’s Answer

    You should seek out a mental health counselor.

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