Archived
I received a pta for possession of marijuana, it is my first offense. How should I plead and do I need an attorney?
Eric's answer
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Answered on December 01, 2013
You are charged with a crime that carries a maximum penalty of one year in jail and a mandatory two-year driver's license suspension if convicted. ...
Archived
I pointed out a coke dealer to a friend at a bar and got charged with drug dealing is that even a crime
Eric's answer
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Answered on November 04, 2013
The police are likely operating under a theory that you directed the person (the buyer) to the dealer. That is not enough to qualify as a...
Archived
Taken into custody for disorder conduct followed by possession of marijuana and possession of paraphallia. What am I looking at?
Eric's answer
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Answered on October 11, 2013
A few misdemeanor charges - possession of marijuana, paraphernalia, and disorderly conduct. If your version of the facts is 100% accurate, the...
Archived
My brother has Criminal traffic court in Broward County tomorrow morning and it is set for Non-Jury Trial.
Eric's answer
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Answered on September 26, 2013
The judge should allow your brother time to retain an attorney. He just needs to ask for a continuance.
Archived
How long (days, months, etc.) can you be in jail before you must go to trial? To prevent the violation of the defendants rights
Eric's answer
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Answered on September 26, 2013
The longest amount of time you can remain in custody pending trial if no delays are attributable to the defense would be the statutory speedy trial...
Does a technical violation ruin the chances of ending probation early? Completed half the probation but a tech VOP in the middle
Eric's answer
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Answered on September 20, 2013
Customarily, in order to qualify for early termination of probation at the halfway point, you should have had no violations.
A violation - even...
Archived
My question is, I my nephew was arrested for not answering the door, this is the 4th time, now his jail, what can happen now?
Eric's answer
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Answered on September 05, 2013
Failing to answer the door is not a crime. If he is on probation or community control or is otherwise required to be home, then he could be in...
Archived
Are the courts required to advise a felony defendant a guilty plea could subject her to an enhancement/Habitual offender?
Eric's answer
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Answered on September 02, 2013
In order to be sentenced as a Habitual Offender, the State must file a notice of intent to seek enhanced penalties and the Court must make findings...
Archived
Courts fail to request defendant to withdraw not guilty plea, or state a change of plea B4 pleading guilty. is this an error?
Eric's answer
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Answered on September 02, 2013
It is not fundamental error. The Court is not required to ask the defendant to withdraw their previous plea of not guilty. The Court must...
Archived
When is a person eligible for credit time served?
Eric's answer
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Answered on August 26, 2013
You are eligible to receive all credit towards a jail sentence for any time you have served in custody under that specific case number.
