In 2011 my son was arrested for aggravated battery with firearm, in which he sat until his sentencing in 2014.While in jail he was charged with two additional charges. For all charges they will run concurrent 1st charge to be imprisoned for term...
If I'm correct in understanding you your son was sentenced on count one: 5 years in FDOC; count two: 5 years FDOC; and count three: 10 years FDOC followed by 5 years of probation. All sentences are to run concurrent.
If the above is an accurate description of what you stated( or meant to state) your son will serve 10 years in the FDOC, minus jail credit.
So I violated with a technical on probation, the police have showed up to my old house twice now asking for me. I wanted to know if there is a way to schedule a court date first then arrange to turn myself in so im not sitting in jail for days on...
There are several ways you can handle your situation to limit your exposure of jail time. A lot will depend on the factors of your case. Such as, how long were you on probation? Is this your first violation? Dealing with it swiftly is almost always better than running from it, in my experience.See question
I was hanging out and I tried a drug for the first time and i guess it was bad or to strong or something and I OD'd and paramedics were called and I heard nurses talking about me being baker acted but no one actually physically told me yet. So can...
If you have not been placed under arrest or have not been civilly committed, what is holding you from leaving?See question
I have a second refusal to submit to breathalyzer, I received my hardship with my first DUI which I was found not guilty by trial. I was reading online that regardless my license will be suspended 18 months and no hardship will be issued. Is t...
The DHSMV does not authorize a hardship permit for a second or subsequent refusal to submit to breath testing, notwithstanding that you were acquitted in court of the 1st DUI the 1st time you refused. If you were arrested less than 10-days ago, you should request a formal hearing to challenge the suspension.See question
I spoke to an attorney and told them i was worried about being under investigation and a lot of the attorneys state that the way they find out for sure if someone is under investigation is by calling the state attorney's office and giving the pers...
Engaging in the unlicensed practice of law in Florida is also a crime. It is a third degree felony. For this reason, the State Attorney also has the power to bring criminal charges against an individual for practicing law without a license.
For more info, read here:
may work to have it change to grand theft
Florida Rules of Criminal Procedure 3.850 provides a basis for relief for defendants who entered a plea, but in doing so, their constitutional rights were violated. In general, many 3.850 motions seek to vacate a conviction, judgment and sentence, based upon a claim of ineffective assistance of counsel. With regards to a plea, a defendant must allege and prove that but for counsel’s unprofessional errors you would not have accepted the plea, but, rather, insisted on going to trial.
Common examples involving claims of involuntary pleas are as follows:
1. Plea was a result of misadvice from counsel as to the ultimate sentence;
2. Plea was coerced by fear, misapprehension, persuasion, promises or ignorance.
3. Trial counsel failed to advise the defendant of the consequences of the plea.
4. A more favorable plea was rejected on advice of counsel that a better plea offer will come after negotiations.
5. Trial counsel failed to advise you of a meritorious defense prior to accepting a plea.
There are many more examples of claims for a defendant to withdraw a plea. The only way to truly determine if there is a viable way to vacate the plea in any case is for an attorney with experience in post-conviction practice to review your case. Please keep in mind that there are time limitations for a 3.850 motion. It must be filed within 2-years from when your direct appeal was concluded, or 2-years and 30-days from when you were sentenced if no direct appeal was taken.See question
Back in 1980 I bought guns in Florida which was legal at the time and sold them to people up in New York a couple of friends they went out and was shooting them in a lot got caught came to me that is the ATF came to me told me that they had these ...
It sounds like you were sentenced by a judge in federal court. If so, you're out of luck. There are no expungements in the federal system.See question
If a guy came to my property.. and i shot and killed him am i guilty?
If you were in fear that your life was in danger, self-defense may apply and as Mr. Kogan said, Florida has a stand your ground law.
This is a public forum and nothing here is confidential.See question
I was charged with sexual battery of a person under 16. On the date of the incident she was 16yrs 7months. How can I have this corrected and what would be the charged that would replace the one there now? I know this won't change what sentence I'v...
To answer these questions, I'd have to know: (a) what particular criminal offense the you were convicted of, and (b) what posture the case is in (serving time, on probation, or finished with penal sanctions).See question
Hello, early this morning I was arrested for a DUI. I was sleeping in my car due to getting out late at a party, and purposely put my keys in the trunk to avoid this exact scenario. I refused the field sobriety tests but took a breath test at t...
In order to be charged with DUI in Florida, you can be driving or be in actual physical control. "Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time." Even though someone can be charged with DUI when they are only in actual physical control of a car, most jurors are sympathetic to drivers who exercise the good judgment not to drive. My best suggestion to you is to consult with an attorney who practices in Fort Lauderdale is familiar with defending these types of cases.See question