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Robert David Malove
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Robert Malove’s Answers

129 total


  • In 1996 I was charged with sexual battery of a person under 16. However she was 16 1/2yrs old. How can I get this corrected?

    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...

    Robert’s Answer

    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).

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  • First time DUI arrest in Fort Lauderdale with the keys in the trunk??

    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...

    Robert’s Answer

    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.

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  • Is it possible to have the second case sealed? If so, what will I need to do? How can I petition for this?

    I was arrested and my charges were: grand theft in the 3rd degree and criminal use of personal identification information. Case was finished and I was given withheld adjudication and had to complete probation. While I was on probation another case...

    Robert’s Answer

    So long as both charges arose out of the same common criminal episode and the facts are connected, you will be eligible to have the second case sealed as part of the first case. However this is a little tricky. That's because you already had the first case sealed. You have to undo what you've done and start over.

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  • If convicted, what is a "realistic" jail term the prosecution will ask for? Is it possible to be convicted without jail time?

    Arrested for DUI and Refusal in Palm Beach County, FL. Was convicted of the same charges in Palm Beach County 10 years ago. My administrative hearing was denied and my license is suspended with no privileges for the next 18 months. I know I am ...

    Robert’s Answer

    I think that it is realistic that if your facts of your case are bad and you lose at trial you could get 60 days more or less in jail. my recommendation is to hire the best attorney you can! Good luck!

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  • Can i early terminate probation?

    I was placed on probation for 36mnths for public assistance fraud (adjudication withheld) before the case ended i had a job of 2 yrs to be able to pay the probation immediately after the case i lost my job due to this. I was told after a yr i cou...

    Robert’s Answer

    Usually, you can get your probation terminated at the halfway point so long as all of the terms and conditions that were imposed have been satisfied. I would recommend that you contact your lawyer who can ask the prosecutor what their position is. Depending upon what you find out you may be able to get your probation terminated without objection from the state. There is no statutory requirement that you have to serve a specific amount of your probation before can be terminated. Ultimately, it is up to the judge.

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  • Do non-US citizens enjoy the same rights as US citizens in the US such as the 4th and 5th amendements of the constitution?

    I am on a work visa (H1) in the visa. I am interested to know what constitutional rights do non-immigrant aliens (to be precise non-US citizens staying and working in the US on work visas or on H4, F1 etc or even just visiting for tourism on B1 et...

    Robert’s Answer

    The US Constitution protects all individuals, citizens or not. The rights that protect individuals against unreasonable searches and seizures protection, the 4th Amendment, the protection against self-incrimination, the 5th Amendment, and the right to counsel, the 6th Amendment, are universally applied.

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  • Can someone with a DUI ever become a successful paralegal??

    Before being arrested for suspicion of DUI I was I was going to go back to school to get my associates degree to be a paralegal. From a lawyers perspective would you take a chance on a potential paralegal working for you if he or she had one DUI? ...

    Robert’s Answer

    Sometimes bad things happen to good people. If a candidate was otherwise qualified, the fact that they had a prior DUI would not influence me, or probably any of my colleagues, in the least. Good luck!

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  • Can the case be reopened to change plea? Or maybe a pardon?

    I posted a previous question relating to this. The charge was prostitution. Withheld adjudication. August of 2011. I didn't know that withheld of adjudication would hunt me as if I committed the crime. This has caused me employment opportunities, ...

    Robert’s Answer

    If you have never been convicted of any crime, and this is your only offense, and as you say adjudication of guilt was withheld, you are eligible to have the record sealed and later expunged. That's what I would do.

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  • Wanted to know if it was possible to have my records sealed or expunged.

    Hello, I have regrettable been arrested few times, 3 to be exact. I have 2 withholds and 1 conviction. Is there any way to have these sealed or expunged in Florida? None of these are sexual or violent crimes but yes, felonies. Thanks for your ans...

    Robert’s Answer

    Unfortunately, one conviction on any criminal offense, disqualifies you from having any otherwise eligible offense from being sealed or expunged.

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