Archived
When I apply for a job do I say that I was convicted of a misdemeanor when it was "disposed by prosecutor" ?
Benjamin's answer
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Answered on January 30, 2012
You should really look into the whether or not you were convicted. Based on the language you have cited "disposed by prosecutor," it seems as...
Archived
Wat case can I use in my motion to disclose CI
Benjamin's answer
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Answered on January 30, 2012
This case is the best starting place, Rovario v. United States, 353 U.S. 53, 77 S.Ct. 623 (1957). It will give you a better understanding of your...
Archived
My son is required to serve 15 days in jail 3 hours from his college on weekends only,can he transfer his time to his county?
Benjamin's answer
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Answered on January 26, 2012
The judge, not the state attorney, decides whether or not the defendant can convert his sentence into "weekends." In your case it appears as though...
Archived
Can my vop warrant for a misdominer be dropped if i pay everything i owe?
Benjamin's answer
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Answered on January 26, 2012
Mr. Oakley is correct. Assuming that a probation violation affidavit was filed in your case, you should hire local counsel to defend you at the...
Archived
If Defendant submits the arresting officers probable cause affidavit as evidence, does that open the door to his police reports?
Benjamin's answer
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Answered on January 25, 2012
My opinion would be to focus on the discrepancy between the two reports during the cross examination of the officer. Showing the jury that the...
How can my charges be upgraded to felony after they were dropped by misdemeanor
Benjamin's answer
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Answered on January 25, 2012
The legal concept of double jeopardy protects individuals from being tried for the same crime twice. In your initial misdemeanor case, double...
Archived
Advanced practice nurse licensure and 7 year old reckless driving ...do i still need to report it?
Benjamin's answer
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Answered on January 24, 2012
Were you adjudicated guilty or did the court enter a withhold of adjudication? Does the application call for all incidents in which you were...
Archived
Can the state make a minor charge into a greater charge even if you wasnt originally charge for it
Benjamin's answer
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Answered on January 24, 2012
Yes. When you are arrested the officer provides the Office of the State Attorney with your arrest affidavit. At this time the state attorney...
Can I obtain a "discovery Packet" about someone else case?
Benjamin's answer
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Answered on January 24, 2012
Yes. There are many instances in which a criminal defense attorney may want to view the arrest affidavit or other discovery filed in another...
Archived
Will all felony crimes in Florida always get the minimum sentence?
Benjamin's answer
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Answered on January 24, 2012
In addition to the great points made by my colleagues, I would stress the fact that whether or not you receive a harsher punishment after trial is...
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