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How do i take care of this? Do I have to turn myself in??: Was just pulled over and released. Officer told me I have a capias warrant on fraudulent from 2015, only thing I can think of is food stamps (for not letting them know when I found a job). I've never been in trouble and am scared to think I have to turn myself in to handle this...I have no idea what to do..please help

Asked about 14 hours ago in Criminal Defense

Stephen’s answer: You can continue to ignore the warrant and be picked up at random, held or bond out until court date, and then handle the issue at the court's leisure. Or, you can become represented, have the issues discovered, discuss possible strategies for having the case resolved, then decide how to open and resolve it. I recommend the latter.
Consult with an attorney and have this warrant recalled sooner rather than later. Good luck.

Answered about 4 hours ago.

Motion to correct illegal sentence : My husband recently filed a motion to correct illegal sentence. He received a mandatory minimum for armed burglary of a conveyance. Florida law states that anyone who commits a crime while in possession of a fire arm shall receive a mandatory minimum of 10 years, except for the crime of possession of a firearm by a felon and burglary of a conveyance which requires a 3 year mandatory minimum. After my husband sent in his motion, he received a reply from the original judge and the state, both agreed that his sentence is illegal. Now they say everything is now up to the courts. I am wondering what happens next? Will he go back to court to be resentenced? Or will they just correct his sentence without going back to court?

Asked 2 days ago in Federal Crime

Stephen’s answer: If all sides agree and the error is clear from the record, then the appellate court will order the trial court to make the correction, and if any evidentiary matters exist, there might be a hearing for that purpose prior to the correction being ordered or the new sentence imposed.
So, "up to the courts" may mean correcting the illegal sentence and, if enough time is already served, he gets out or it means the courts must hold a sentencing hearing to make the correction and now argue for some other sentence, if the government feels compelled to do so, that requires additional time based on something other than the statute that was incorrectly applied. Sorry if that's confusing, hope it helps. Good luck.

Answered 2 days ago.

Is there a way to sue my probation officer/state for Sexual Harassment?: After fulfilling all of my requirements, I was recently early terminated from probation. My PO on multiple accounts came to my house and stayed for sometime up to 3 hours. He made sexual remarks, pinned me up against the wall (with my year old daughter in my arms) trying to kiss me. He became aroused each time I went into his office for a visit and made me extremely uncomfortable. He has also made an email account in which he emails me multiple times a day and even wrote a hand written letter and gave to me on one of my home visits about how he felt. He even mentioned wanting sex multiple times and told me that if I ever told on him, he would be arrested. One of the last times he saw me he told me that even if we lost touch that he would find me. I'm petrified of this guy and need help, so any advice would be greatly appreciated. Is there anything legally I can do? Is this even a good case? I'm not out to ruin anyone's life; however, I suffered the consequences for my actions and feel like he should indeed do the same.

Asked 3 days ago in Criminal Defense

Stephen’s answer: Yes, there is a way, and there are lawyers who have experience in just this area. Your task is to locate one and quickly, as such claims take time to address and are only valid for a limited amount of time once they occur. Be aware that you can likely hire a lawyer for a case such as this on a contingency basis, meaning you owe nothing unless you win the case. We offer free consults.

Answered 2 days ago.