Can a restraining order violate probation? Even if the person on probation has threatened violence in the household
Richard's answer
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Answered on November 27, 2023
Can the entry of an injunction alone violate a person's probation. The answer is unequivocally no, the entry of an injunction for protection...
In Florida, can you be arrested and charged with a crime without ever being notified or informed that the arrest occurred?
Richard's answer
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Answered on November 27, 2023
You have just phrased your question wrong, because under your scenario, you were not arrested on the new charges until you went to bond out on the...
If I was never found guilty never had a court date never was arrested why is it still showing up on public records?
Richard's answer
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Answered on November 17, 2023
I have had similar situations come up for client where they have a criminal traffic conviction that prevents them from getting a more serious case...
Would this be considered felony murder in Florida?
Richard's answer
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Answered on November 15, 2023
Under your facts it would not be felony murder, because the homicide must have occurred while engaged in the commission (or attempted commission)...
If a prosecutor presents Double Hearsay, are they presenting false evidence because Double Hearsay is statutorily inadmissible?
Richard's answer
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Answered on November 15, 2023
Double hearsay, or hearsay within hearsay, is not "false evidence." It's possible the double hearsay could be entirely true. It is however...
If your walking and someone starts fighting you because they heard something about them and you stab them is that self defense?
Richard's answer
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Answered on November 09, 2023
Is it self defense, possibly. But each self defense claim is fact specific and must involve a reasonable (i.e. proportional) response.
I’m on probation and my P.O. pulled up while I was parking my wife’s car and I don’t have a valid drivers license ?
Richard's answer
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Answered on November 09, 2023
Depends, did you use a public road, did your probation officer know your license was suspended? If so, there's a good chance your PO could violate...
While waiting to be transferred to prison, does my jail time waiting counts towards my sentence ?
Richard's answer
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Answered on November 08, 2023
Yes, she will be credited with any time incarcerated between her sentence and entry into the prison sentence.
Can a judge deny my public defenders motion to waive my appearance for felony arraignment?
Richard's answer
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Answered on November 07, 2023
Under Florida Rule of Criminal Procedure 3.160(a), the filing of a Written Plea of Not Guilty automatically waives the arraignment. The rules...
Can my probation officer refuse to let me do my community service at an American Legion,and if so is that discrimination?
Richard's answer
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Answered on November 02, 2023
I disagree with my colleagues, unless the Court's probation order specifies a specific place to complete community service, a probation officer...
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