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I was in the car with my friends. The cops pulled us over for reckless driving. They then pulled us out of the car, Searched the car and found a firearm in the trunk. The car wasn't my car and neither was the weapon. But I was arrested for it. The...
There are a lot of legal issues with this scenario. You need to speak with an attorney and go over the facts of the case, the Discovery (if you have any), and discuss the motions that need to be filed based on the facts you have given here.
No one can or should ethically guarantee a 'win' at trial, but a seasoned attorney will let you know the odds and whether or not trial is a good or bad call. Ultimately, the decision to go to trial is yours alone.See question
Family lives in California. We want him to be with us as soon as possible. Wife in poor health and on her own. How do we get him here?
I agree. If he is not on Probation, then he just needs to check the requirements California has for Sex Offenders. If he is on Probation, he will need to petition the court to see about transferring probation and California will need to be willing to accept his transfer.See question
I had a second degree misdemeanor charges dismissed with nolle prosequie a month ago, but now I'm getting papers with same case number stating I have a hearing for the same charged that was dismissed.
Yes. You should have an attorney check to see if there are any violations of Speedy Trial.See question
My ex was ordered to take a hair follicle test by judge...next day he reports for test with every bit of hair removed from his body. The lady said he had no hair to be submitted for test. Was going to do finger nails...no nails. Ask to submit urin...
An Order for Rule to Show Cause seems appropriate. Contact a Family Law Attorney or search for a Motion for Contempt through the Florida Bar family law forms.
*This is a family law matter, reclassifying your questionSee question
Not to long I got caught with weed possession and have been required to do the diversion program and have to do a meeting every Wednesday and they drug test . What happens if I i fail?
There's a strong possibility that you could get kicked out of diversion and sent back to the Trial Court for testing positive on a drug test. If you think it's wrong, get tested at an independent facility and that may be helpful for keeping you in the program or getting you re-referred if you are rejected.See question
My DL are suspended for failure to pay a fine. The judge issue community service but did not state if i could buy out the hours. The clerk is refusing to give me my D6 until i complete them. Is she allowed to do this?
Yes. If you want to buy out the hours, you need an order from the court saying you are able to do so. Otherwise, you have to meet the conditions as ordered, including those hours.
Contact an attorney to help you with that motion.See question
My nephew stole over $1000 of jewelry from me. Then he pawned all of it. I got most of my jewelry back from the pawn shops because of an investigation through the local police station. I pressed charges and he admitted to stealing it so he was arr...
It's up to the Prosecutor to decide which charges should or should not be filed and prosecuted. You can make your wishes known to the Prosecutor, but it is ultimately their decision what they will offer as a plea deal or what to go on.
If you don't want any charges pressed, the Prosecutor will have a hard time proving their case if you are not cooperative. The State can still subpoena you for trial in this matter. You should consult with a local attorney to help represent your interests in this matter. Remember that the prosecutor represents the State of Florida and not you, specifically.See question
My BF and I were drinking one day and got into a verbal altercation while he was driving home. We were met at our residence by a sheriff's deputy. I was subsequently arrested for misdemeanor domestic battery and booked. The next day my BF came to ...
I agree with Mr. Haber. The declination is very helpful to have but doesn't guarantee a dismissal of the charges. Ultimately, it is up to the State of Florida and they have up to 90 days to file for a Misdemeanor offense. If you have an attorney, speak with your attorney about this issue!See question
If I was charged with a crime and pled nolo contender, I was sentenced, but I requested an appeal, and was granted an evidentiary hearing. At the evidentiary hearing, they courts Does that mean the charges I was charged and sentenced are dropped ?
A Nolle Prosequi is a document filed by the State saying they are no longer going to prosecute the case. It closes the case and dismisses the charges listed in the NP against you.
As a reminder, it doesn't remove it from your record. In order to remove the case from your record you should consult with an attorney to see if you are eligible.See question
Can these charges be dropped or is it the states responsibility to continue prosecution?
It's up to the State whether or not a case goes forward. If the witness is uncooperative, that can come into play, but the witness can still be under subpoena to testify. There may also be other witnesses, a confession, video, etc. to take into consideration.
So while a store can decide they don't want to go forward, the ultimate decision is with the Prosecutor.See question