Questions answered by James F. Feuerstein III

Archived

My dui was nolle processed and drop to a reckless. Can I expunge the dui arrest?

James's answer | Answered on January 30, 2018

I agree with my colleagues, if you received a withhold of adjudication of guilt on the reckless driving, you can seal it for 10 years and then...

Archived

When does a speedy trial defense take claim do you have to notify the court that you're in acting it first before the 90 days or

James's answer | Answered on January 30, 2018

It sounds like he is represented, if so, he needs to speak to his attorney. Speedy Trial is not as simple as it sounds, and should not be demanded...

Archived

can the State of Florida charge me with a felony and then turn around and charge me with the same crime and a misdemeanor cour?

James's answer | Answered on January 30, 2018

No, you cannot be charged with a felony and misdemeanor for the exact same conduct. However, if the conduct were related, it would be charged in...

Archived

How much time could he be facing?

James's answer | Answered on January 30, 2018

Felony Petit Theft is only charged if he has prior petit theft convictions. If he is charged with a 3rd degree felony, he is facing a maximum of...

Archived

Will the felony on my record still appear if I have recently hit my 7 year mark being that we're now in Jan I pled guilty Dec?

James's answer | Answered on January 30, 2018

You are confusing criminal records with credit reports. State Court criminal cases do not disappear from a criminal records check unless they are...

Archived

Can a person convicted cuz a fraud upon the court, can open a new trial based on extrinsic fraud?

James's answer | Answered on January 30, 2018

Impossible to answer your questions without a lot more details. There is a two (2) year statute of limitations for motions for post conviction...

Archived

How do i know if my speedy trial waiver form was presented to the judge?

James's answer | Answered on January 30, 2018

Most county clerk's offices offer online access to court dockets. It would also be advisable to discuss this with an attorney.

Archived

?What happens when you vop for the frist time on fenoly probation but was trying to just get transferd???

James's answer | Answered on January 30, 2018

I agree with my colleagues, your are always facing the likelihood of incarceration, especially before your VOP hearing, as most judges issue...

Archived

I am on probation with all court cost and fines paid and was supposed to be off by April. Now I have a vop

James's answer | Answered on January 30, 2018

Mr. Haber is correct as usual, what ever the specific allegation contained in the VOP Affidavit, the judge must find that your violation was...

Archived

Could a parent sign away her or her parental rights and not pay child support ?

James's answer | Answered on January 30, 2018

No, judges will not let a parent waive their legal responsibilities to support their children. The one exception is if a spouse is willing to...

James F. Feuerstein III's Answers (9841)

My dui was nolle processed and drop to a reckless. Can I expunge the dui arrest?

When does a speedy trial defense take claim do you have to notify the court that you're in acting it first before the 90 days or

can the State of Florida charge me with a felony and then turn around and charge me with the same crime and a misdemeanor cour?

How much time could he be facing?

Will the felony on my record still appear if I have recently hit my 7 year mark being that we're now in Jan I pled guilty Dec?

Can a person convicted cuz a fraud upon the court, can open a new trial based on extrinsic fraud?

How do i know if my speedy trial waiver form was presented to the judge?

?What happens when you vop for the frist time on fenoly probation but was trying to just get transferd???

I am on probation with all court cost and fines paid and was supposed to be off by April. Now I have a vop

Could a parent sign away her or her parental rights and not pay child support ?