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Eduardo A. Suarez

Eduardo Suarez’s Answers

32 total

  • What happens when a pre-trial intervention gets rejected?

    I have been on probation for over a year, and I missed a meeting, got a letter in the mail to appear in court. What will happen? Should I get a public attorney?

    Eduardo’s Answer

    Generally, if you violate the terms of a PTI agreement, the case goes back to court for prosecution. Depending on the circumstances, thet State might be willing to allow you to go back into PTI. You defenitely should have a lawyer represent you.

    I hope this helps.

    Best of luck.

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  • Can you still get a plea deal without an lawyer?

    I got the notice for my arranment today (thursday) and its on Monday. I notice said I had to register at the court 5 days before the arranment to get a court appointed lawyer. what can I do?

    Eduardo’s Answer

    Dominick's advice is correct;, by entering a not guilty plea at arraignment the court is likely to schedule your case for pre-trial conference in about 30 days, which will give you time to retain a lawyer. As for your question regarding a plea deal, yes you can negotiate a plea agreement without a lawyer but it is very difficult. For starters the prosecutor is ethically obligated to conduct all negotiations with an underepresented defendant "on the record", meaning in open court with a court reporter recording the dicussions -- that ,in and of itself will make it difficult to engage in meaningful dialogue. Additionally, you lack of familiarity with the legal system will hinder your ability to effectively nogotiate

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  • Criminal traffic

    i am a resident of tampa fl with 2 driving wiyhout a liscense and giving a false name was late for court and now in big trouble(bench warrants),judge says i m going to jail can a lawyer help me avoid jail

    Eduardo’s Answer

    It impossible to tell you that having a lawyer will “help [you] avoid jail” but there is a much a lawyer can do to minimize that probability. There are lots of variables that a judge will take into account in formulating a sentence but the bottom line is — you should definitely hire a lawyer.

    I hope this helps — good luck

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  • 1st to 2nd---Legal?

    I was on probation for my 1st DUI when I got a 2nd, my probation officer advised me to plead guilty and she would transfer some of the things I did on my 1st to my 2nd {which she did} My public defender also advised to take the 2nd and he would ge...

    Eduardo’s Answer

    I concur with the suggestions provided by attorney Ruiz. Vacating a plea is very difficult and the grounds limited. Unless something remarkably unusual occurred in your situation, the court, prior to accepting your plea, would have reviewed with you a plea form where you, under oath, indicated that you wished to plead guilty (or no contest), that you where doing this freely and voluntarily, that you had had enough tine to consult with your lawyer and that you were satisfied with his services. All of this will make very difficult to vacate your plea. It is possible that the advice from your attorney was so deficient as to constitute ineffective assistance of counsel. This determination is governed by Rule 3.850 of Florida Rules of Criminal Procedure and may give rise to an order vacating your judgment and sentence but it is unlikely. There may be other grounds, as well but you have not provided any information suggesting that there is.

    All of the suggestions provided here are just that, suggestions. If you want to have a definitive answer you need to retain a lawyer to thoroughly investigate the matter. I hope this is of some help to you.

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  • DUI

    Can somebody help me understand this? I've had 4 DUI's over the past 25 years (10-23-83) DRIV / ACT PHY CONTROL W / INTOX (08-05-84)SAME (01-29-90)DRIVING UNDER THE INFLUENCE, which should have the same as the previous 2-I was only sleeping in t...

    Eduardo’s Answer

    Currently, Florida does not have a process in place to allow for the reinstatement of a license that has been permanently revoked as a result of four DUI convictions. This is interesting, among other things, becasue there is such a process when the life time revocation results from a DUI manslaughter. The bottom line is that you may not have many avenues available but there is no way to tell without reviewing your driving record.

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  • I was framed.

    I have been framed. My wallet was stolen from me by someone i know. This person has done alot of criminal activities lately, me and alot of my friends have seen him with stolen vehicles and trying to sell stolen property. I found out that he put m...

    Eduardo’s Answer

    If the only evidence of your involvement in the crime is your ID being discovered in the stolen car, I agree with attorney Wagonner's assesment that there is not sufficient evidence to make an arrest. I also think you need to consult with lawyer, not only becasue of your potential exposure by way of the ID, but you need to be proactive in reporting the theft of your wallet. As you prbably know ,identity theft is becoming more and more common and having so much of your personal information in the hands of criminals could have very serious ramifications for you beyond just this criminal case -- such as someone obtaining credit or other obligations in your name. The bottom line is you need representation ASAP.

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  • Law

    Can I fly on an airplane if i have outstanding warrants?

    Eduardo’s Answer

    First of all, if you know you have outstanding warrants, the most sensible thing to do is to arrange to post bail and turn yourself in. Unless your circumstances are unusual, there is seldom pre-trial travel restrictions imposed on defendants with cases pending in State court (Federal court is another story). But even if there are travel restrictions, you can always move the court for an order allowing you to travel. If you try to get on a plane before turning yourself in, there is a significant likelyhood that you will be arrested and it is possible that your attempt to get on that plane may lead to a court considering you a flight risk, which could have an adverse effect on your bail and conditions of pre-trial release.

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  • My brother want to know if he can apeal his case if he took a plea deal?

    My brother took a plea deal under stress that his public deffender didnt not defend him or listion. the case is attemp sex battrey on child under 12.

    Eduardo’s Answer

    I agree with the answer posted by attorney Aaron Slavin. I would only add the following; as a general rule,unless your brother reserved the right to appeal a specific issue, once the judgment is entered, issues relating to guilt or innocence are not subject to appellate review; however issues relating to the judgment and sentence (for example did the length of the sentence exceed the statutory maximum) are subject to appellate review and may be challenged on direct appeal. Without knowing your brother's specific concern it is hard to determine whether the best course of action is a direct appeal or some other relief as suggested by attorney Slavin (al though I suspect that what attorney Slavin is suggesting is likely to be the most realistic and practical approach for your brother to get any relief).

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  • Florida criminal code grand theft from employer, possible consequences

    I was caught stealing from the store I worked at. It was in range from 500$ to 1000$. The detectives in the case said the state with my cooperation may drop it down to a misdemeanor with just restitution. I have one prior from 4 years ago. It was ...

    Eduardo’s Answer

    First, it is practically impossible for anyone to give you an accurate answer regarding the amount of jail time you are facing because, among other things, you are unsure as to whether you will be charged with a felony or a misdeamenor. What I can tell you is that a 3rd degree felony carries a maximum penalty of 5 years in prison and that under Florida's Punishment Code the recommended imprisonment range for you is likely to be "any non-state prison sanction" which in your case, if handled correctly, is likely to mean a sentence of probation. If charged with a first degree misdeamenor you face up to a year in the county jail but again the more likely result, if handled correctly, is probation.

    There is no question that you should retain counsel. There are a number of other issues to be resolved in your case that can have significant impact on you future such as whether or not you are adjudicated guilty -- this is what determines whether or not you will be able to truthfully say in the future that you have never been convicted of a crime.

    I hope this helps. Best wishes to you and your daughter.

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  • FL civil procedure, what is an ordered adjudication, FL criminal law

    Checked- "having enterd a plea of guilty" Checked- "and good cause being shown, IT IS ORDERED TAHT ADJUDICATION OF GUILT BE WITHHELD crime was 'battery "1 degree misdemeaner The thing was , my daughter smacked someone for sleeping with her bo...

    Eduardo’s Answer

    As a general rule, Florida Law permits a judge to accept a guilty or no contest plea and sentence a defendant without entering a formal finding of guilt. this is called a withhold of adjudication. When a defendant receives a withhold, he is not "convicted" and as a result, can truthfully say that he/she has never been convicted of a crime. Please keep in mind that other jurisdictions, including the federal government, do not recognize withholds and are likely to treat your daughter's sentence as a conviction. You should also keep in mind that Florida law permits an individual who has received a withhold to petition the court to have their record sealed. This can be done only once in your life. Once the record is sealed, subject to certain exceptions, your daughter would be able to lawfully deny having ever been arrested or charged with a crime.

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