Archived
In a federal drug conspiracy case in the 11th circuit, is a specific drug amount an element of a 841 drug offense?
Alberto's answer
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Answered on January 26, 2014
Yes, the quantity must be pled and proven. If not, then the minimum mandatory sentences won't apply but you can still be sentenced by the Judge...
Archived
My terms & conditions sheet from a 1st time DUI that was reduced to reckless driving said "unless prohibited from consuming alc
Alberto's answer
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Answered on January 26, 2014
It means you are not barred from drinking alcohol, but you are in trouble if you get drunk. How can you tell the difference? You can't, its a...
Archived
D R for kiting in jail, carries over?
Alberto's answer
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Answered on January 26, 2014
If an inmate commits a criminal offense while in jail and is charged with same, it will probably affect his current plea offer. Until taken, his...
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I missed my first time offense diversion class. What should I expect at court?
Alberto's answer
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Answered on January 26, 2014
You will probably be bounced out of diversion and face trial now... SO, it goes without saying, DON'T SHOW UP IN COURT WITHOUT AN ATTORNEY already...
Archived
What does "FILE RETURNED TO DELAND FELONY" mean? It's a 1996 grand theft auto case. In public records under status it says open
Alberto's answer
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Answered on January 26, 2014
It probably means the Clerk returned your file to the Deland branch court, Felony division. We don't know if the case is closed or if it is open...
Archived
Do I have to have a Lawyer in order to file for my Community Control to be lessened to Probation?
Alberto's answer
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Answered on January 26, 2014
If you have a written plea agreement which prevents early termination of CC, or if that was pronounced on the record or appears somewhere on the...
Archived
Can a case from 14 yrs.ago be held against you if the case was adjudication withheld and all terms were met ?
Alberto's answer
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Answered on January 26, 2014
Jorge got it right.... for two reasons, the 14 year old withhold should not be formally scored against him under the Florida Criminal Punishment...
Archived
I was charged with a 3rd DUI in October. The previous one was 24 years ago. My bond was $5000.I told an officer I had enough
Alberto's answer
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Answered on January 26, 2014
At the outset, it sounds like you have a strong defense. No roadside tests, no breath test and a medical condition to boot. However, you have a...
Archived
My boyfriend's sister filed a theft report against him. Now she has dropped the charges. Will the state pick it up?
Alberto's answer
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Answered on January 26, 2014
It is entirely up to the state whether to file charges or not under the fact pattern that you present. Since he is in prison, he is pure "jail...
A car tried to hit me...on purpose!!
Alberto's answer
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Answered on January 26, 2014
You won't waste your time reporting it to the police. Maybe a detective is already looking for that person for another reason or for other...