I got a ticket for possession of less than 20 grams of weed in escambia county Florida, the officer said that since I was very honest and nice to them it would reflect on his report that way and told me that all that would happen is going to be a ...
PLEASE do not listen to police officers about how to resolve a criminal case. While he might be well-meaning, he is not an attorney and has no idea the life-long consequences of pleading guilty or no contest to a small amount of weed. Please consult with a criminal defense attorney in the county where you were charged and discuss all of your options, including whether the search to find the contraband first was lawful and the evidence admissible against you? If so, what are your options to resolve it so that it might be removed from your criminal history once the case is over. These are serious issues and should not be taken lightly without consulting with a criminal defense attorney. If you "pay a fine", you will likely be adjudicated guilty and this will stay with you forever. Don't make that mistake. Best of luck to you.See question
I got accepted into the pre trial diversion program for a petit theft misdemeanor and I have my first appointment in a few days. My question is do I have to give up my firearm (legally purchased) to be able to take part of the diversion program?
You will likely have to transfer it out of your possession for the duration of pretrial diversion but do not have to give it away permanently. It will depend on the terms of that county's agreement. Just save yourself some aggravation and take it to a friend's house for safe-keeping until diversion is over. Good luck.See question
filling a motion this week. I understand that if I attack the conviction for failure to state a specific criminal charge I must use the information or a representation of the information. my complaint is that without a subsection it is unclear as ...
You need to hire a lawyer and not try to practice law on your own. There are reasons why it takes 4 years of college and 3 of law school to become licensed. You will get better success if you expend your resources and energy in that way. Good luck to you.See question
I was charged for petit thief in Miami dade court in 2008. I was bailed out for 500$ and needed to appear in court in october. however my visa (work and travel) was expiring in September so i left States in order not to break another law. In my ca...
You are going to have to hire a criminal defense attorney in Miami to resolve this case for you. He/she can file a motion to lift the warrant and submit a plea in absentia to the charge for you. The written plea has you enter a no contest plea to the charge and pay court costs, or a similar outcome. This can all be done without you being present since you sign documents to allow the court to accept your plea in your absence. You can then reapply for a visa to return to the country once the case has been concluded. Best of luck.See question
I have 3 Misdeameanor battery arrests on my record. All were dismissed in court. No convictions. Could I have all three sealed or expunged?
You cannot expunge these 3 cases unless they arose in the same criminal episode. From your question it sounds like you had 3 battery arrests and you want to get rid of all of them. You can pick one so long as you have no prior convictions as an adult or an adjudication of delinquency as a minor anywhere in the world.See question
My fiancé has been charged in federal court. Two hours before his plea, the special investigator brought him a continuance form to sign. Was this handled properly?
You should direct your questions to your fiance's attorney. There could be a number of reasons why the plea had to be postponed. I'm assuming the investigator worked for his attorney, thus that is why he was there and not counsel. Continuances happen and it doesn't mean there is anything nefarious going on. Just call the lawyer and find out for yourself.See question
If you submit a motion to a federal court to seal you case, will that motion show up in search engine results as new docket filed or the same problem I have been dealing with concerning the documents of my federal case? I would like to submit a mo...
If you are trying to seal a federal criminal case, there is no procedure for doing so. Regrettably, your case will forever be part of the internet and public sites.See question
I was convicted for DUI in Sarasota Country Florida. I was arrested on that charge as well as Felony drug possession charges. They were my prescribed anxiety medication. There were 3 pills in a fob and my pharmacy was closed when I was arrested. S...
That is the correct reflection of the case being dismissed in the official record. That's what you want it to say. Unfortunately, since you were convicted of the DUI, you cannot expunge these felony charges.See question
I am on administrative parole, due to have ended by now. Still owe about $1,100. In the meantime, I was ticketed for a suspended license, due to an expired tag. As soon as knew, I got it reinstated. Although surprised, that is a violation of my p...
You say you are on administrative parole. Do you mean unsupervised probation? Is it in Pinellas County? The problem with a violation of probation is that it comes with a warrant and no bond. I would try to wait until you have the funds to hire an attorney and then have him/her surrender you to the court on a date he sets and resolve the violation, costs, etc. at that time. I think you will avoid sitting in jail and can finally get the case concluded. Avoid contact with the police until that time. When you have the funds, hire an attorney because you will not be able to do this on your own. Good luck to you.See question
Is it normal process for the state of florida to have a state attorney against me in a second degree misdemeanor arraignment when I have no attorney?
Yes, because the state is represented by an Assistant State Attorney in every criminal case, no matter if it is only a misdemeanor of the second degree. If the state is not seeking jail time against you, you are not entitled to a court-appointed lawyer if you are indigent in this circumstance. If you want to be represented, which is a smart idea, then hire a lawyer. Best of luck to you.See question