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N. Ryan Labar

N. Labar’s Answers

8 total

  • How long would an estimated sentence be for 2 burglary conveyance, burgllary dwellind(unoccupied), grand theft and armed burglar

    how long would an estimated sentence be for 2 burglary conveyance, burgllary dwellind(unoccupied), grand theft and armed burglary?

    N.’s Answer

    The following list of offense levels would apply:
    1) Armed Burglary Dwelling; first degree felony- PBL, Offense level 8
    2) Unoccupied Burg. Dwelling: second degree felony, offense level 7
    3) burg conveyance x 2: third degree felony, offense level 4
    4) grand theft: third degree felony, offense level 2

    Based on those offenses alone, a defendant would score around 110 points or around 5 years in prison (minimum sentence). However, because the first count was armed, the state could prosecute under the 10,20, Life statute and the mandatory minimum 10 year sentence would apply.

    Most notably, the first count is a PBL, which means Punishable By Life in prison and the state often times will prosecute these offenses aggressively and may choose not to extend any minimum guideline offers in the case. If convicted, a defendant could receive life in prison.

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  • Do you get gain time for being on community control?

    I know if you violate probation your time on probation does not count, but do you get gain time credited to you while on probation?

    N.’s Answer

    With respect to incarceration credit, you do NOT get credit for time served or gain time for being on community control. In fact, if you are on state probation through the dept of corrections, you may actually forfeit gain time for a violation of probation or community control. However, if you complete at least half of your probation or community control with NO material violations, then you may be eligible to have your probation/comm control terminated early.

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  • Whats the out come of a burglary/unoccupied dwelling and have no proir record

    an im pregant an had my two boys with me an i didnt knw dis person wasnt allow in thae house he had the key to the house so i didnt think nothing about it...

    N.’s Answer

    Burglary of an unoccupied dwelling is a second degree felony in Florida punishable by up to 15 years. More importantly however, is that it also a level 7 felony offense which carries 56 points under the criminal punishment code score sheet. That means that if you are convicted of that charge you must be sentenced to prison (unless Judge downward departs) because anything over 44 points in Florida means mandatory prison sentencing. I would contact a lawyer and discuss the case. Many options and defenses are available to someone with relatively little culpability and no prior record like yourself.

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  • With these charges, is an attorney necessary?

    With these charges, DRUGS-TRAFFIC 4 GRAMS LESS 30 KG OTHER CNTRL SUBST..... SYNTH NARCOTIC-POSSESS WITH INTENT TO SELL MFG DELIVER SCHEDULE III..... POSSESSION OF WEAPON OR AMMO BY CONVICTED FLA FELON..... RESIST OFFICER OBSTRUCT WO VI...

    N.’s Answer

    An attorney, either PD or private, is definitely recommended. The charges that you've listed carry mandatory minimum prison sentences of at least 3 years in Florida. The punishment may be up to 30 years on some of those listed (not including HFO or PRR sentences). Although, each case is different, an attorney has many options available to help a client to resolve a pending charge favorably. I would talk to the lawyer before sending any letters to anyone including the Judge.

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  • I was pulled over for going too slow on I 95 which led to dui,i need info on getting case studies for unlawful stop 0 breath tst

    I refused breathalizer, there is no radar report the officer claims I was doing 22mph, but I was doing about 45mph, my car is not new.I told the officer I had 2 glasses of wine at dinner 7p.m. and this was around midnight.I need case stuides on un...

    N.’s Answer

    Under the NHTSA manual (the guide that many law enforcement agencies use for DUI detection and enforcement) driving slower (more than 10 mph) than the speed limit is an indicator of impairment. In Florida, the officer does not need to use a laser or radar to detect speed but may make a reasonable determination based on his training and experience (pacing, etc.). The courts will generally consider all the factors that go into a stop of a vehicle before making a determination as to whether it was lawful. The consideration does not end there however. An officer must also may able to point to observations and evidence of impairment before he or she asks a driver out of the vehicle to conduct a dui investigation.

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  • So a 21(m) and 16(f) year old can go up to a cop and say "we have sex"? If not what is the trouble?

    So a 21 year old male and 16 year old female can go up to a cop and say "we have sex"? If not what is the trouble?

    N.’s Answer

    The general answer to your question can be found in the following Florida Statutes:
    The following Statute would be inapplicable in your hypothetical scenario because the victim is 16 years old and the statute on L&L draws the line at those UNDER the age of 16:
    Fla. Stat. 800.04. Lewd or lascivious offenses
    (4) Lewd or lascivious battery.--A person who:
    (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    However, a person in custodial authority to any minor (under the age of 18) can be convicted as follows:
    794.011. Sexual battery
    (8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
    (a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    (b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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  • Can I seek damages for pre-existing injuries when involved in another accident?

    In 1992 I was in a no fault accident. Person who struck my vehicle died from injuries, & the driver actually got cited. I'm mentally & physically disabled from that incident. Fibro w/ alot of pain, depression, severe insomnia, PTSD, nightmares & a...

    N.’s Answer

    Pre-existing injuries alone are not recoverable. You must show that the pain and other symptoms you are experiencing now are as a result of re-aggravating the pre-existing conditions.

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  • I was adjudicated guilty, but sentence as youthful adult can i have my record sealed

    I was adjudicated guilty, but sentence as youthful adult can i have my record sealed?

    N.’s Answer

    Probably not. Part of Fla. Stat. 943.059 (Court Ordered Sealing of Records Stat) requires, as a part of the petition for sealing, that the petitioner shall not have been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

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