Archived
I have been in no trouble with the law in the past 17 years, can the Fl point system still use my past record .
Michael's answer
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Answered on November 21, 2013
The State cannot score priors over 10 years old, but there is nothing that precludes them from effectively using them against you without regard to...
Archived
In closing argument prosecutor said the defendant in his initial report to the police did not mention any other items than his
Michael's answer
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Answered on November 21, 2013
I'm not sure what you are asking but I can chime in on a few points that you have raised.
It s entirely permissible for a prosecutor (or a...
Archived
Does Florida have a 3 strike law for felons?
Michael's answer
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Answered on November 21, 2013
Florida Statute 775.084(c) is out version of the "3 strike law" (see: http://www.flsenate.gov/laws/statutes/2011/775.084 ), but it requires prior...
Archived
Is it still possible for me to get a Possession of Alcohol by Person Under the Age of 21 off my record that I received in Destin
Michael's answer
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Answered on November 20, 2013
You cannot do community service hours to remove this incident from your record, if by "fix" you mean "seal" then no, you do not need to return to...
Archived
If you were just given diversion for a repeat DV and are served with a DV injunction from another party will you be violated?
Michael's answer
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Answered on November 20, 2013
If it were a probationary term, or some form of Court ordered supervision then you would be entitled to due process and a hearing , but diversion...
Archived
Named as co-defendant report states officer saw a "cold"beer can so he opened the door, yet nobody charged with open container
Michael's answer
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Answered on November 20, 2013
Yes. It is legal. The existence of the alcohol charge is only relevant to the issue of probable cause for the arrest, it is not necessary that...
No contest plea offer for a Violation of Probation. Can my probation be revoked or adjudicated guilty?
Michael's answer
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Answered on November 20, 2013
Even though this question makes a little more sense I am still cutting and pasting my answer to your other question (one is a repeat, I'm not sure...
Archived
The store i shoplifted from never sent me a civil fine?
Michael's answer
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Answered on November 20, 2013
To get the penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute (see F.S....
Archived
Does a judge have to disclose what amounts to a inadvertent personal correspondence?
Michael's answer
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Answered on November 20, 2013
How do you know that the Judge ever received or read it?
Anything is possible but I have been practicing criminal defense litigation for 22+...
Archived
Is there a hearing when someone pleads no-contest to a Violation of Probation?
Michael's answer
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Answered on November 20, 2013
Although Mr. Knudson seems to get your question I'm not so sure that I do. So let's go slowly....
If there is a VOP then someone is on...