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Dennis Gonzalez Jr.

Dennis Gonzalez’s Answers

13 total


  • Was there an arrest, and will anything appear on a criminal record? Charges will be dismissed prior to arraignment date.

    Someone receives a slip reading "Spring Break Notice to Appear Citation" and it says that "You have been charged with a criminal offense and issued a citation or ticket instead of being arrested on the charge." In addition, the police writes down ...

    Dennis’s Answer

    What this person actually received is a promise to appear (i.e., “PTA”) in court in lieu of being arrested and paying a bond premium to secure their presence in court. In other words, rather than having to guarantee their presence through a bondsman they are promising to appear in court.
    Yes, the case is a misdemeanor and it will appear in the person’s background. They can move the court to seal and expunge the case if they get the case nolle prosed or if they received a withhold of adjudication.
    Typically, diversion programs offered by the state attorney’s office require the person to complete some sort of a class or community hours or a combination of both. The reward is getting the case nolle prosed (i.e., dismissed).
    Yes, if someone is looking at this person’s record that person will appear to have been arrested in the literal sense. The reasoning is that pre-trial release statuses (such as PTA or bond amounts) are not included in NCIC (the background check used by most State attorney offices in Florida).
    Yes, if you do not appear for arraignment the court will then issue a monetary bond for your arrest or, in other words, a bench warrant. This is because the case is in fact a misdemeanor and the court has jurisdiction to issue a bench warrant for your failure to appear.
    I would recommend hiring a criminal defense attorney – usually when we file our notices of appearance, plea of not guilty, demand to jury trial, demand for discovery..etc.. The arraignment will be a nullity and the person’s appearance is no longer required.
    Contact a criminal defense attorney to help you with that and you should come out of it just fine.

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  • How long does the arraignment date for a PTA take to come in the mail?

    Just need to know.

    Dennis’s Answer

    That usually depends on how congested we are in Miami Dade County. I would expect something from the clerk if courts within 1 to 2 weeks.

    You could also look this up easily through the clerks of courts website either with your case number or via your dob and name.

    just go here: http://www2.miami-dadeclerk.com/cjis/CaseSearch.aspx.

    or here if traffic related: http://www2.miami-dadeclerk.com/trafficapp/AllSearches.aspx

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  • I was arrested at walmart for shoplifting. My question is can I return to walmart?

    I was arrested at walmart for shoplifting. I was taken to jail booked and everything. My question is can I return to walmart. I got a trespassing order and it says I'm not allowed to return to that walmart. Am I allowed to return to any other walm...

    Dennis’s Answer

    Usually the stay away order for petit theft only requires that you stay away from that particular Walmart.

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  • I need help with a weed possesion charge less than 20g 3rd time / never been convicted.

    I just got a PTA for.. 1 misdemeanor count of possesion of canibus. I have been arrested 3 times for this same charge before...but never convicted. I have read the statutes and see that I'm facing a year in jail... That was enough for me to put t...

    Dennis’s Answer

    You could probably still get Pre Trial Diversion "PTD" in Miami-Dade for cannabis at arraignment or a withhold. Give me a call if you need help with his I have handled a lot of these cases. 305-209-0384

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  • I received a letter saying to pay $200 for release of penalty claim a week later. I signed nothing what should I do?

    I walked out of Walgreens with my paid items one of which was a pack of $10 razors in my hand which I thought were paid for. I was stopped at the door. No police. No charges. They took my information and said never to return. The security acted pl...

    Dennis’s Answer

    I agree with the other attorney's answer to your question. It appears they are trying to scare you into paying them. I've actually seen other large retailers do the same thing. Do not respond to this until you speak with an attorney. I am in Miami and would be happy to assist you with this.

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  • Do you HAVE to pled guilty for PTI ?

    I don't want to plead guilty for battery on a Leo because I didn't do it but my silly lawyer waited til 2 days before court to request the tapes although I asked him to do that dec. 19th. Now without knowing If I have a strong case from the tapes,...

    Dennis’s Answer

    I agree with the above attorney as well. PTI or PTD is a great program which guarantees a dismissal. You do not have to plead guilty. The documents for PTI or PTD may require that you assume responsibility for the law violation but upon completion of the program you still get a dismissal. In the event you fail to complete the program or bounce out of the program the state could use your statement against you. That’s the reason for the personal responsibility portion in those documents. However, the final result (if you complete the program) is worth it – it’s a guaranteed dismissal.

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  • If i got a new charge on probation, and the new charge got dropped, could i avoid a vop?violation on driving on suspended, its a

    violation on driving on suspended, its a misdemeanor, i got my driver license back so the charges got dropped.

    Dennis’s Answer

    If you are on probation and you pick up a “new law violation” you could still technically be violated even if the new law violation is dismissed/nolle prossed/no actioned. However, when I was a prosecutor neither myself nor my fellow prosecutors would customarily pursue a new law violation for driving with a suspended license (“DWLS”) if it was ultimately dismissed. Another factor to consider is what the underlying probation charge is for. If I understand you correctly, the new law violation is the same as the underlying probation charge – a DWLS. If this is the case, the prosecutor may not look at your new law violation favorably even if it was dismissed because it’s the same law violation. I handle these types of cases and would be glad to discuss it privately in more detail.

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  • A FRIEND OF MINE WAS CHARGE WITH DIVING ON SUSPENDED LISENCE AND RESISTING WITHOUT.

    OK THE PROBABLE CAUSE WAS DRIVING WITHOUT SEAT BELT ON MY FRIEND WENT TO COURT ON THE SEAT BELT TICKET AND IT WAS DROPPED CAUSE THE OFFICER DIDN'T SHOW UP. KEEP IN MIND THE OFFICER NEVER TURNED ON THEIR LIGHTS OR GOT MY FRIEND FROM THE CAR AND MY ...

    Dennis’s Answer

    For the driving with a suspended license charge (“DWLS”) the State would need to show a legal basis for the Stop. In this case the officer will testify that he stopped the car because the driver was not wearing a seatbelt. This testimony will make the stop a legal stop or a stop based on a legal justification (i.e., a traffic infraction). The next step is to determine whether or not your friend’s license was suspended while he was driving the vehicle (usually very easy to prove). My question here would be what did your friend do to “resist” the police officer? (Do not answer that publically)

    The next component of your case is the Resisting without violence (“RWOV”) charge. For the State to prove the crime of RWOV they must prove the following beyond a reasonable doubt: that your friend (1) opposed or obstructed a (3) police officer (4) while the officer was engaged in the execution of a legal process (5) and that the Defendant knew the person was a police officer. I would recommend contacting a criminal defense attorney.

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  • If you have gotten a promise to appear in court before, can you be given another one?

    Asked in Miami, FL - 44 minutes A detective caught me and a friend smoking, my friend had his ID and i didnt so i gave him my information, he said he was going to let us go, but he only made me sign some sort of form, out of nervousness I just si...

    Dennis’s Answer

    You could possibly have two promises to appear for two different cases. It is possible. For example, if you were given a PTA for a cannabis possession charge a week ago and you get another PTA for cannabis possession today. This is possible and has happened before. I’d be happy to help you look into this further.

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  • Seeking traffic ticket defense attorney for ticket issued in West Palm Beach, Florida.

    83/65 on I95. Ticket issued by a FHP. My license is clean and "safe driver". I reside in Miami, Florida.

    Dennis’s Answer

    Do not pay the ticket out right because if you do you are admitting to guilt and it will reflect as a conviction on your driving record. The next thing to do is to hire a traffic ticket attorney to help you through the process. A traffic attorney can help you avoid going to court, points on your license, and traffic school. If you live in Dade and received the citation in Palm Beach County then hiring a traffic attorney in Palm Beach is probably a good idea and will save you time, money, and mileage.

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