Archived
Can a police officer state I refused a chemical test for BAC if I selected blood rather than urinalysis or a breathalyzer?
Alberto's answer
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Answered on March 16, 2014
Your question has been the object of intense litigation lately. The reason is the way the form reads in some jurisdictions.
Generally, you are...
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Archived
Is there a Florida statute requiring convicted felons released from prison to submit to monthly interviews by police?
Alberto's answer
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Answered on March 07, 2014
This is a Tampa thing. Please advise your son that he has the right to remain silent and he has the right to request an attorney and not speak to...
Archived
Will my p.o violate me for missing my appointment and also for being out of county? I set up another appointment tomorrow at 11
Alberto's answer
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Answered on March 07, 2014
This is the kind of situation left to the probation officers discretion. However, you did violate the terms of your probation by leaving the county...
Archived
Can I get a traffic misdemeanor Driving w/license suspended conviction vacated if its been 7 years?
Alberto's answer
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Answered on March 07, 2014
You are seeking to vacate a seven year old traffic misdemeanor adjudication conviction in order to attempt to seal your current third-degree felony...
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Archived
What is maximum for 3rd violation even if new charge for 3rd violation was dropped by state?
Alberto's answer
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Answered on March 07, 2014
By your question, I am assuming this is your third violation of probation. The violation of probation was triggered by a new law violation, ie:...
Archived
Is there a way to totally clear an arrest record? A more powerful version of expungement?
Alberto's answer
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Answered on March 06, 2014
There is an "administrative expungement" statute, which does not count towards your once in a lifetime seal or expungement. However, it is...
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Archived
If a person is paying for a private attorney, why would a public defender be appointed to them for a pre-trial hearing?
Alberto's answer
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Answered on March 06, 2014
Either the clerk has not updated the docket to reflect that the public defender has been discharged and the private attorney who entered an...
Archived
Is it usual for the State of Florida to file Grand Theft charges against a person using only the accuser's statement?
Alberto's answer
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Answered on March 06, 2014
It is unusual for a law enforcement officer not to try to question the suspect before arresting him or her. However, law enforcement can interview...
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In Florida if there is an open D.C.F. case against you do they have the right to attain school records without subpoena
Alberto's answer
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Answered on March 06, 2014
Yes, yes, and yes. DCF has broad powers to investigate and act in what it deems is in the child's best interests.
How long does it take to transfer felony probation to a different county?
Alberto's answer
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Answered on March 06, 2014
You must request a transfer from either your probation officer or from the court. If your probation officer can arrange transfer, you should ask...