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Lisa Michelle Figueroa
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Lisa Figueroa’s Answers

177 total


  • On a civil court hearing in Florida , the judge reserved decision . Is there a time limit on the reservation ?

    Matter relates to internal dispute between phases (i.e. sections) of a condo development.

    Lisa’s Answer

    No limit by law and it will just depend on the judge and the nature of what the issue was that was reserved on. In minor civil disputes, judges may come back with a decision in 10 days. However, I had one where the judge reserved ruling on a motion and didn't answer until the judge was about to be reassigned to another division, well over 6 months from the hearing date. If you were represented by an attorney, your attorney could call the judge's office and politely check the status or if there is anything that needs to be submitted or is pending in order for the Court to make its ruling.

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  • If you got a speeding ticket trial/hearing then is there discovery/pre trial confrence etc. like in a criminal case?

    ?

    Lisa’s Answer

    No, with traffic tickets (civil infractions), you are required to request a hearing within 30 days. Once you send in a written request, the Clerk will send you a notice with the hearing ('trial') date. That date will usually be a month or two down the road from when you requested it, maybe even a little longer. It usually takes about 2 weeks to get the notice for the date. But aside from the hearing date, there are no other court dates, pretrial conferences etc. However, if your citation was for a civil infraction that requires a mandatory court appearance (like for going over 30mph above speed limit), then they set those for an arraignment/initial hearing at which time there will be no officer present and on that date a trial/hearing date is set. Traffic ticket defense attorneys usually charge very reasonable rates and since they do these on a routine basis, I strongly recommend you contact them before you decide that you want to handle it on your own. Our office has great rates for Orange County traffic ticket defense. Feel free to give us a call to tell you about our Orange County defense rates.

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  • What do I need to do to fight my traffic citation in front of a judge? I am currently scheduled for administrative officer...

    My friend said I should have requested a real judge when I went to the clerk but I did not know about that and no one at the clerk told me about this. I assumed I was going to take this to a normal trial. Is there a form they have at the clerks fo...

    Lisa’s Answer

    In your situation, it most likely would not be much of a difference or prejudice to you whether you are before the judge or hearing officer. Other counties, it can make a huge difference, but Orange County is not one of them. Most traffic ticket defense attorneys can handle this matter for you as they are well-versed in the legal requirements and evidence required to establish a speeding citation. We have very competitive rates for our Orange County traffic ticket defense and can handle the hearing on your behalf. Feel free to call our office to discuss your planned defense and we will discuss the potential strengths and weakenesses of both your defense, and the differences between the hearing officer and judge when it comes to these infractions.

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  • Did they not.violate him?

    Bf is on misdemeanor and felony probation got arrested and vop both probations. Went to court for felony probation and judge told him he needed to successfuly complete a drug rehab went to court for misdemeanor probation got sentenced to 180 days ...

    Lisa’s Answer

    We would need more information to best help you interpret what's happened up to this point, and what you can expect to happen at this point. Feel free to contact my office or any of the local criminal defense lawyers. Consultations are free so it'd be worth it to give us a call to get the missing details we'd need in order to answer your question.

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  • Is "Adjudication Withheld" a conviction in Florida; Can this record be expunged or sealed (ever) for a Burglary of a dwelling??

    No further details

    Lisa’s Answer

    My colleagues are correct in that this is an offense that would not qualify to be expunged, even if adjudication was withheld. There may be a possibility of reopening your case, however, with the hope of having the charge amended to an offense that would allow it. This is likely a long shot, but I have done it successfully in the past. Depending on how long ago it was when you entered the plea, and the circumstances surrounding that plea, you may or may not have that option.

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  • Can my sons mom take him to a different state to live without my consent?

    My son just told me that his mom plans to take him to Georgia and not return, I had no knowledge of this nor did I agree to it. Is she legally allowed to do this if there is no current custody agreement or pending cases between who has the child?...

    Lisa’s Answer

    From your question, it sounds as if you were never married, nor have you (or her) filed a paternity action which would establish your rights as a father. Unfortunately, in Florida, if you were not married when your child is born, the mother is free to leave with your child without your permission. The reason is that, regardless even if you are on the birth certificate, your paternal rights have not yet been established. You should file a paternity action/petition IMMEDIATELY which will trigger your rights in that she (nor you) can relocate without court permission more than a limited area (usually 50 miles) from where you or she currently resides. I would certainly take up one of the local attorney's offers on a free consultation to deal with this.

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  • What are statue of limitations in Florida for check fraud (forgery)?

    Check forged - $68. IOU contract for $700 (includes forged check).

    Lisa’s Answer

    Usually 3 years, if it's a 3rd degree felony (or really for most felonies) unless it can be tolled (extended) based on the person leaving the jurisdiction. Even then, the tolling is usually limited to another 3 years. However, the statute of limitations isn't triggered until the person is put on notice of the offense, usually with an arrest or by being formally charged (the filing of an "Information" or Indictment). It would be a good idea to discuss this with an attorney to go over all of the factors or details of the case in order to determine if a potential statute of limitations issue exists. Was the person arrested? How long ago? Has the person remained in the county or State of the offense? Did the person fail to appear for a court date? And various other details will assist the attorney in making that determination. Many, if not most, criminal defense attorneys offer free consultations, so it would be worth your time to contact one in your area to discuss this possible defense, as well as any others, you or the person you are asking about, might have.

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  • If adudication was withheld with a 6 mnth auto term on probation, does anyone know how to get photo off of mugshots.com?

    without paying the ex con 399.00 - from what I have read, even if you pay them the 399.00, someone else can scrape the public records and get it right back on there - I have a friend that had a dui and the first two pages of google are all mugshot...

    Lisa’s Answer

    You may want to consider having your record sealed which will remove it from official law enforcement agency databases. However, even after a record is sealed or removed, some of these mugshots.com type sites continue to show the information. Our firm has been able to provide the sites with a copy of the court order sealing the record, and they have removed it for no charge. You can go to the FDLE website to see the process for getting your record sealed, if you qualify. Or you can contact a local attorney that handles expunge / seal cases to assist you as well.

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  • How do I write/format a motion for a extension on court cost being on probation in POLK Florida? And Can I Even do this?

    I am currently on probation. My ending term is March 29, 2013. I have a payment plan set for court cost due by Nov 29, 2012. I owe $1999.27 . I am trying to get this extended for atleast another month, so I wont get violated. I'm not sure how this...

    Lisa’s Answer

    Also most judges are aware when you are doing something "pro se", without the assistance of an attorney, that you are not trained legally so they are rather lenient with respect to format (most of the time). You should be able to simply draft a letter requesting what you are asking for and they will treat it as such a motion/petition.
    If you are still unsure, you may wish to consult with an attorney who handles these types of matter in your area. Some attorneys may be able to work out a payment plan or charge a reasonable flat fee to assist you with this process and attend the hearing on the motion with you.

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  • Will my pending charge show up on my level 2 background check if i was arrested on nov 8 andf did my fingerprints nov 15

    i went to court for a worthless check charge. when i got there i had a warrant for another charge. they ROR me from court, and gave me a court date. i looked on clerk of courts and nothing was there stating the charge or if it was even a pending c...

    Lisa’s Answer

    Unfortunately, any pending charge stemming from an arrest should show up on a background check. Sometimes when you are not technically arrested, or in this ROR situation, it could possibly not show. Regardless of whether it shows or not, the key is going to be to try to resolve the case favorably, or at least in a way that will avoid a conviction on your record. That way, you can possibly look to seal or expunge your record down the road, which should keep it from coming up on a background check. Be sure to speak to an attorney to discuss what options or defenses you might have in order to do everything you have to preserve your record and avoid any negative marks on your background check.

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