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Haydee C. Oropesa
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Haydee Oropesa’s Answers

11 total


  • My ex-husband violated his probation for driving on a suspended license due to non-payment of child support. What happens now?

    His attorney entered a written plea of not guilty. If he would just pay the court ordered support, DOR wouldn't have suspended his license. What happens now? Will the judge send him back to jail on the VOP? Will he now, finally, have to start pa...

    Haydee’s Answer

    You should contact an attorney who practices in the area of family law in order to become informed of what your rights are.

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  • I DO NOT HAVE A LAWYER! was charged with 4 warrants identity theft in Hernando County - I accidentally found out from nrsing hm

    Seeing I had not received anything at my ome address, I went to Pac N Send where I have a box but have not been there since May. Sure enuf there was about 20 envelopes, some denials, some pin numbers and 4 credit cards. One was in my fathers nam...

    Haydee’s Answer

    You should immediately consult with an experienced criminal defense attorney.

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  • What to do in first time Marijuana possession charge.

    Ok so I was pulled over a couple months ago here, sw FL, right after leaving a friends house. I was pulled for my registration being expired, expired that day and I was on my way to get my new one from my mail box. Well the cop pulled me out of ...

    Haydee’s Answer

    You should seek legal counsel from an aggressive and competent criminal defense attorney based on the facts that you have described.

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  • If i was arrested and charged with F3 and it was changed to a misdemeanor, will the F3 stay on my record?

    I received 1 yr probation & deferred adjudication

    Haydee’s Answer

    You should consult with an attorney in the state where you were arrested in order to assess whether the Felony arrest can be sealed. The answer depends on the jurisdiction's expungement/sealing criteria.

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  • Hello, After I graduated from college I could no longer afford my apartment therefore I had to move out or face eviction.

    However, my mother offered her extra bedroom in her apartment which is within the same apartment complex where I was renting. The now property manger moved next door to my mother in March 2012, I have been using the extra bedroom since February of...

    Haydee’s Answer

    You have submitted your legal question to attorneys in the practice area of speeding tickets. You should direct your questions to attorneys who handle landlord/tenant matters.

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  • Can you have a aggravated stalking charge expunged from your records if you were convicted?

    This person had the charges ajudacated for aggravated stalking charges and was put on probation for 5 years, then one night him and his girlfriend were out to dinner out of the county he was put on probation, he was arrested for going out of the c...

    Haydee’s Answer

    It is state specific. In the State of Florida, you are unable to expunge an aggravated stalking, even if adjudication is withheld. If you are inquiring about another state, you should contact an attorney practicing in that state for advice.

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  • Today is the 33rd day my boyfriend's been in jail without being formaly charged or recieving a court date. When will he get out?

    WIll he get out today or will they hold him longer? Thought there was a law stating that he has to be released on that 33rd day. If they dont release him on the 33rd day, when will he be released?

    Haydee’s Answer

    The attorney representing your boyfriend must file a motion with the court in order to address this issue. Under Florida Criminal Procedure Rule 3.134 an individual not formally charged by the 33rd day should be released unless the State files charges by that day or presents good cause for a 7 day extension. If the State is granted this extension they must file a criminal information by the 40th day or else your boyfriend must be released.

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  • I have my court date tomorrow on five charges . I am not sure how to plead. No priors .

    Charges include Public Intox Possions of par possible CDS Possion of fireare while under the influence of alchol millious distruction of property under 2500

    Haydee’s Answer

    You should speak with an attorney about the facts of your case before you enter a plea in order to decide what the best course of action you are to take. You may be eligible for a diversion program. Individuals with no prior record are generally eligible for this type of program that allows eventual dismissal of the charges should the individual successfully complete the program. It is also important to speak to an attorney in order to determine whether there are any available defenses or motions to be filed attacking the state attorney's case. Sometimes it is advantageous to enter an early plea in order to secure the best plea deal or avoid what could be a worse sentence outcome later on in the case. But again you most certainly should talk with an attorney first before you enter any plea.

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  • I was charged in 1998 for possession of a forged instrument. I recieved probation, community service and had to pay restitution.

    I went to firearms class and recieved my completion certificate but Florida is requesting that I have my civil and firearem rights restored from Montgomery, Alabama. Is this possible?

    Haydee’s Answer

    If you have been "found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year" under Florida Statute 790.23(1)(e) then you are unable to possess a firearm in Florida unless your civil and firearm rights are restored. I would call an attorney in Alabama to check the disposition of the 1998 felony case to see if you were found guilty/convicted of that offense.

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  • How long before a person is released from custody, requirements for probably cause in WA state

    if someone is in jail for probable cause robbery first degree how long do they have to hold that person before charging them or releasing them from custody? With probable cause charges in general what is the time limited before you are actually ch...

    Haydee’s Answer

    In the State of Florida, the state must file formal criminal charges on defendants in custody within 30 days from the date the person is arrested or served with an arrest warrant. If by the 30th day the defendant is not charged, the court must order the defendant released by the 33rd day unless the state files its formal charge by that date. If the state presents good cause, the time can be extended to the 40th day, but cannot go beyond 40 days without a formal charge being filed while the defendant is in custody. If the individual is released from custody because the state failed to file charges under these time periods, that does not mean that the person cannot be formally charged while out of custody. The statute of limitations period in Florida for a felony of the first degree when the individual is arrested or served with a capias is 4 years after the date of the criminal act. There may be statutory exceptions placing no time limitation on when a criminal charge can be filed. For example, in Florida certain first degree charges can be reclassified as life felonies if certain aggravating factors are present. If that is the case then there would be no statute of limitations because a prosecution on a life felony may be commenced at any time in Florida. As to your last question, no you cannot be convicted of a crime that you are not charged with. This is an incredibly serious charge, I would strongly suggest that you immediately consult with a criminal defense attorney in your area so that you may be properly advised as to your specifics facts and the law in your jurisdiction.

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