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Lori Doganiero Palmieri
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Lori Palmieri’s Answers

584 total


  • Should I bother giving an alternative to a dismissal or will this just add confusion?

    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 ...

    Lori’s Answer

    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.

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  • How can i close pending petit thief case from outside of USA

    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...

    Lori’s Answer

    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.

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  • Record Sealing/Expungement

    I have 3 Misdeameanor battery arrests on my record. All were dismissed in court. No convictions. Could I have all three sealed or expunged?

    Lori’s Answer

    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.

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  • How does the continuance process work in federal court and who is responsible for explaining to the client?

    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?

    Lori’s Answer

    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.

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  • Internet Attorney? Sealing a federal case.

    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...

    Lori’s Answer

    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.

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  • In this situation, shouldn't the outcome of the charge be changed from nolle prosequi to dismissed?

    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...

    Lori’s Answer

    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.

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  • Is there any chance of the warrant being revoked. I know Judges have much POWER?

    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...

    Lori’s Answer

    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.

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  • State attorney vs me in arraignment

    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?

    Lori’s Answer

    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.

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  • Can I get into trouble for having sex with prostitutes in another country?

    My sister's ex knows I went to another country to pay for prostitutes and he's threatening to expose me to the law. There isn't anything they can do about that right?

    Lori’s Answer

    If you are traveling to another country for the purpose of having sex with underage girls for money or not, you can be prosecuted by our federal government. If you are limiting your activities to consenting adults (over 18) in another country, you are only subject to action by that country. Ignorance of the age of the "prostitute" will not be a viable defense if she is, in fact, underage.

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  • Can you get into trouble for taking someone else's prescription?

    Someone gave a friend four painkillers, I don't know what kind but they were prescription. If someone told the police what could they do?

    Lori’s Answer

    • Selected as best answer

    Yes, they can be arrested for felony possession of a controlled substance or worse, a distribution offense. No money needs to change hands for distribution. Of course, just telling the police doesn't mean someone will be charged since there must be witnesses and evidence to prove it, but it should cause concern. If contacted by law enforcement, this person should remember there is a 5th amendment right to remain silent. He/she should exercise that right.

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