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Marc F. Plotnick
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Marc Plotnick’s Answers

35 total

  • Florida criminal punishment score sheet

    Regarding the criminal punishment score sheet in Florida: does "prior record" include all prior offenses or only those offenses that you were convicted of? To clarify, does include offenses where adjudication was withheld?

    Marc’s Answer

    For scoresheet purposes, prior offenses includes only those offenses that one was convicted of violating. Even if adjudication was withheld, these offenses can be "scored" as part of one's prior criminal history. There are some exceptions to what can be scored as a prior record. For instance, if a defendant has not had any prior criminal record nor been on probation for the ten years preceding the commission of the new offense, then those prior offenses cannot be scored on the scoresheet.

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  • Possible consequences under FL criminal code for trafficking drugs charge

    some one i know that is close to me got charged with trafficking in extacy and marijuana and the way the police had asked him to come into the house and he said no wheres youre warrant and they put him in the cop car and then came to me and starte...

    Marc’s Answer

    There may be some possible issues with the search of the house, which could lead to a possible motion to suppress issue. However, I would need to know the facts of the search/seizure in greater detail. Sometimes on these minimum-mandatory penalty cases, a motion to suppress should be reserved as a last option though. If you wish to contact my office, I would be more than happy to discuss these issues with you.

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  • Please help.. I have a suspended license and it seems like ive been jumping through hoops for a year now

    I had an abundance of tickets in Fl in 2006. I paid half of them but I still have 5 tickets for running a toll and 1 for driving w/ suspended license without knowledge. I now live in SC and am trying to clear everything up in Fl to get my SC lice...

    Marc’s Answer

    This would require me having your drivers' license information. If you contact my office, I would be more than happy to review your license status and let you know what you need to do to get in compliance so that you are in a position to receive a valid South Carolina license.

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  • Traffic Law

    Is there a florida Statue that prevents officer from pulling you over to write tickets on private property?

    Marc’s Answer

    Pursuant to section 316.006(3)(b), Fla. Stat., an officer can pull someone over on private property for a traffic infraction if the county and the private party owning the roadway has a written agreement that grants such jurisdiction to officers over those roads. If the roadway is considered a street or highway, then the officer would obviously have jurisdiction to effectuate a traffic stop for a traffic infraction (ticket). However, an officer could still, even without such a written agreement, make a traffic stop of an individual if the officer observed a DUI or a non-traffic criminal offense occuring on the private property.

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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...

    Marc’s Answer

    This is probably best answered by looking at your drivers' license record and/or drivers' license status. Should you wish to contact my office, I would be more than happy to look at the status of your license and better answer your question.

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  • DUI serious bodily injury

    What am I facing for a DUI with serious bodily injury in the state of Florida? It is my first offense. My passenger will be alright thank god. He did receive broken ribs and had his spleen removed. My blood was drawn through a forced blood dr...

    Marc’s Answer

    It appears that you are from Seminole - in Pinellas County. Generally, Pinellas County is harsh in its prosecution of these kind of cases; however, there often are many ways to mitigate your situation. It is possible to get this case reduced to a misdemeanor; however, such a reduction would depend upon many factors. From the outset, a DUI with serious bodily injury charge, depending upon how the victim's injuries are "scored" on the scoresheet, often results in a defendant "scoring" mandatory state prison. Again, many factors, i.e. the victim's feelings about the case, one's prior offenses, etc. are taken into consideration as to the ultimate sentence. Should you have any questions, please feel free to contact my office.

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  • Getting A Bond Living Out Of State

    A family member is currently out on bond in Mass for fugitive from justice and is heading to florida to confront a charge for grand theft in the 3rd degree (it's approx 589.00). He has a $1,000 capias bond. Is there a way he can get bonded out ...

    Marc’s Answer

    If he has a bond set for the charge in Florida, then he should be able to bond out on the charge. The only issue may be if a bondsman does not want to take the risk of him fleeing back to Massachusetts. If you had some further information or more specifics, I might be able to answer your question better.

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  • Wrongly accused

    If your being accused of intentionally damaging a vehicle, can the charges be put on hold until later If so what sort of time frame could the charges be put on hold for? Also is there a way to find out if there is any charges being layed?

    Marc’s Answer

    This charge is likely "criminal mischief" and yes, the charges do not have to be filed for a while, as the State Attorney's Office can file them anytime within the applicable statute of limitations, which depends upon the amount of damage to the vehicle and thus the degree of the charge, anywhere from a 2nd degree misdemeanor to a third degree felony. If after a short period of time you have not been arrested for this offense, then the police agency likely forwarded the charge to the State Attorney's Office to determine what charges, if any, to file. If you have any further questions, please feel free to contact my office.

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  • 3rd Degree Grand Theft Sentence

    What is the sentence usually for somebody with absolutely no record being charged with 3rd degree grand theft in broward florida?

    Marc’s Answer

    Generally, someone with no prior record who is charged with Grand Theft, is looking at a probationary sentence so that they can pay back restitution to the alleged victim. That individual may also be eligible for a diversionary program, such as Pretrial Intervention. You should contact an attorney in the Broward County area and discuss your case with him/her.

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  • Can a person be arrested for a calling in a prescription even though they are not the ones who picked it up?

    I called in a prescription and didn't verify the patient. The patient was arrested for prescription fraud and obtaining a prescription. Can I be arrested to? The prescription was called in to a separated county than where I live?

    Marc’s Answer

    I would need to know more information; however, it would seem that if a police officer or the State Attorney's Office believed that you were involved in prescription fraud, it may be possible for them to arrest/charge you with Obtaining a Controlled Substance by Fraud. Additionally, based upon the quantity and the type of controlled substance, you could also potentially be charged with trafficking in a controlled substance. If you are truly concerned about this issue, you should consult with an attorney.

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