Questions answered by Brett Nicholls Metcalf

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DUI with child in vehicle

Brett's answer | Answered on September 28, 2013

You should expect the Polk County State Attorneys Office to prosecute you and ask for jail followed by probation. Polk County has a reputation for...

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Can a guilty verdict get a mistrial based on a lawyer mistake?

Brett's answer | Answered on September 27, 2013

Not a mistrial, but it could be the basis for an ineffective assistance of counsel claim, which could also overturn the conviction. I still have...

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I'm dealing with a First time offense Second degree petite theft of $7.00 subs from publix. How do I obtain a diversion program?

Brett's answer | Answered on September 27, 2013

With no priors, chances are you will be offered the Misdemeanor Intervention Program at your Arraignment. That offer is completely at the...

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I was arrested for DUI in Kansas in 2004 and received a diversion... case dismissed without prejudice. Can I get this expunged?

Brett's answer | Answered on September 25, 2013

You should re-post this question in the Kansas forum since the DUI was from there. Sealing/Expunging records is State specific.

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My son has a grand theft auto charge and was placed on probation for it, he recently got arrested for retail grand theft.

Brett's answer | Answered on September 25, 2013

If he's in the adult system now, the prosecutors and the judges will not automatically view him as someone who deserves another chance. You should...

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I pleaed guilty be cause pub def. did not due job.my case is very smiple

Brett's answer | Answered on September 24, 2013

You should be very careful speaking about your situation in a public forum. Doing so could undermine the opportunity you have with law enforcement....

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Attempted burglary and possession of burglary tools

Brett's answer | Answered on September 19, 2013

Burg Dwelling is punishable by up to 15 years. She could get 5 on top of that for Possession of Burg Tools... But her priors could qualify her for...

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Has any attorney in Pinellas County subpoenaed the video which is located at the 49 street jail's breathalyzer room?

Brett's answer | Answered on September 19, 2013

I've never done it, but I can refer you to a Pinellas DUI lawyer if you give me a call. Best of luck.

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How do I submit a request for a fourth bond to be set for an inmate?

Brett's answer | Answered on September 13, 2013

I agree with my colleagues. It will take a miracle to get a bond after it has been revoked 3 times previously. Your best bet is to favorably...

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Can he travel to the US??

Brett's answer | Answered on September 12, 2013

He should contact a local attorney to find out the status of his case. More than likely, he has an outstanding arrest warrant and would need to...

Brett Nicholls Metcalf's Answers (182)

DUI with child in vehicle

Can a guilty verdict get a mistrial based on a lawyer mistake?

I'm dealing with a First time offense Second degree petite theft of $7.00 subs from publix. How do I obtain a diversion program?

I was arrested for DUI in Kansas in 2004 and received a diversion... case dismissed without prejudice. Can I get this expunged?

My son has a grand theft auto charge and was placed on probation for it, he recently got arrested for retail grand theft.

I pleaed guilty be cause pub def. did not due job.my case is very smiple

Attempted burglary and possession of burglary tools

Has any attorney in Pinellas County subpoenaed the video which is located at the 49 street jail's breathalyzer room?

How do I submit a request for a fourth bond to be set for an inmate?

Can he travel to the US??