Can a domestic violence case thats beeing dropped be reopened because the victim was late to show in court?
Richard's answer
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Answered on October 16, 2023
It is entirely permissible for the prosecutor to refile charges if they believe they have sufficient time under the speedy trial rule or statute of...
Why want they release my firearm I just got of probation a couple months ago?
Richard's answer
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Answered on October 11, 2023
Florida Statute 933.14 states that “no pistol or firearm taken by any officer […] upon a view by the officer of a breach of the peace shall be...
If a prosecutor knows your warrantless arrest is illegal, can they legally proffer the PC Affidavit in subsequent hearing?
Richard's answer
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Answered on September 13, 2023
Unless and until a court rules a warrantless arrest was illegal, it is presumed to be legal. So the answer to your question is, yes.
Can you move from Miami to New York City on probation with an arm robbery charge?
Richard's answer
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Answered on July 10, 2023
Under the Interstate compact, you should be able to move to New York while on probation as long as you can prove you have a place to live and...
Does a prima facie case have to satisfy all elements of a crime?
Richard's answer
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Answered on June 13, 2023
Motive is not an element of any crime, so it does not have to be proven.
Can I contact the judge for bond reinstatement for my boyfriend? He was out on felony bond when he got arrested again
Richard's answer
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Answered on June 05, 2023
Do you have a law license? If not, no, you cannot contact the judge. You will need to hire an attorney. Many judges will not reinstate bond once a...
How can I get my son a bond reduction in brevard county florida?
Richard's answer
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Answered on May 24, 2023
There are numerous criminal defense attorneys such as myself who practice in Brevard County. I would suggest consulting with at least three to see...
When can I get a copy of the police body cam & the 911 audio?
Richard's answer
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Answered on April 29, 2023
Under Florida law, law enforcement is not required to release any evidence from an active criminal investigation until it has been closed.
Can the state of Florida include a Georgia charge when calculating a scorecard right now ?
Richard's answer
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Answered on April 29, 2023
Yes, all criminal history can be included on a scoresheet. Your only objections could be that the out-of-state conviction differs substantially...
Does Florida law enforcement contact subject prior to arrest warrant issuance
Richard's answer
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Answered on April 29, 2023
There is no rule that law enforcement has to contact a suspect before obtaining an arrest warrant. Sometimes they do, sometimes they don't. It...
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