Archived
DUI- The ticket puts the DUI at 0238AM while the summary suspension states 4:00 am. Is this grounds for dismisal?
Randall's answer
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Answered on February 13, 2009
The disparity of times are not grounds for dismissal but they could be used to impeach the officer's credibility at a DL hearing or trial. What...
Archived
Is there a statchute of limitations for traffic offensives? driving while under habitual offender status, ticket was 15yrs ago a
Randall's answer
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Answered on February 13, 2009
When you failed to appear and the warrant issued, that stopped the clock on any statute of limitations. Yes you can still be prosecuted. However,...
My ticket doesn't have any fine or court info.
Randall's answer
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Answered on February 13, 2009
In Florida as in most jurisdictions, the ticket includes information about requesting a hearing from the clerk's office. They don't list potential...
How much jail time will you receive for robbery without a weapon and resisting arrest?
Randall's answer
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Answered on February 09, 2009
Strong arm robbery is a 2nd degree felony, punishable by up to 15 years in prison and resisting arrest w/o violence is a 1st dgree misdemeanor,...
Archived
What laws would i break by selling dxm and what would the charges carry?
Randall's answer
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Answered on February 09, 2009
Just like a 7-11 or vitamin store, over the counter drugs can legally be sold if you obtain the proper buisness license(s). You must check with...
Archived
If you engage in a sexual act with someone who is knowingly HIV positive and the do not inform, are they criminally liable?
Randall's answer
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Answered on February 06, 2009
In Illinois, criminal transmission of HIV is a class 2 felony. It is not required that actual infection occurred to commit the crime.
Archived
Criminal defense:
Randall's answer
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Answered on February 06, 2009
Having been chief of the capital crimes division for the Palm Beach County Public Defender's office for 7 years, issues like this were presented to...
What is the Florida Minimum sentencing for armed burglary of an occupied dwelling?
Randall's answer
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Answered on February 04, 2009
Regarding possession of the firearm during the commission of the felony, if it was not discharged, there is a mandatory 10 year sentence with no...
Archived
My son was found guilty by a jury on drug charges. Lost his appeal. What can he do next? Can he file a Motion 3.800 or 3.850?
Randall's answer
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Answered on February 04, 2009
A 3.800 motion to correct an illegal sentence can be filed any time. However, it doesn't sound as if the sentence imposed on your son was beyond...
Archived
Penalties for ext. painting without a lic
Randall's answer
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Answered on February 03, 2009
Contracting without a license in Florida is a 1st degree misdemeanor, punishable by up to a year in the county jail and $1000 fine.
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