If a person is arrested in Texas, on a warrant in Florida, how long does Florida have to extradite him if he waives extradition?
Jason's answer
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Answered on July 22, 2013
Generally, the answer depends on the jurisdiction. In order to extradite someone, one of two things must happen. The person agrees to be...
In criminal matters what does motion to quash capias & set aside bond estreature mean?
Jason's answer
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Answered on July 22, 2013
When a defendant misses a scheduled court appearance, the general practice is for the Judge to issue a capias (arrest warrant) for the defendant...
What goes on during a case management conference for a criminal procedure?
Jason's answer
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Answered on July 22, 2013
Generally, case management conferences, status hearings, pre-trials (all 3 terms are loosely the same) are events where the Judge is informed about...
Adjudication withheld does that mean an individual was convicted even though found guilty or that there was no conviction?
Jason's answer
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Answered on July 22, 2013
Generally, a withhold does not count as a conviction. However, Mr. Guidry is exactly right when he said that a withhold may be counted as a...
Archived
Forget speedy trial. I think I am not eligible because we asked for continuances.
Jason's answer
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Answered on July 22, 2013
As a general rule, any defense motion to continue is interpreted by the courts as a waiver of speedy trial. That said, just because you waive...
Archived
Was arrested for a first offense dui. Probation said minimal alcohol. Dmv sent a letter that said no alcohol. Who overrides who
Jason's answer
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Answered on July 22, 2013
Have you been convicted and placed on probation? Does probation perform random drug/alcohol screens? Do you really want to take a chance that you...
Does a minor have to testify
Jason's answer
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Answered on July 22, 2013
Generally, a 14 year old can be the proper subject of a subpoena. If the child is the victim, it is unlikely the State would voluntarily excuse...
Archived
My daughter was arrested for assault in duval county but is currently on probation in nassau cnty for battery, what shd we do?
Jason's answer
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Answered on July 22, 2013
Once the probation officer discover's the new arrest, he/she is going to violate your daughter's probation in Nassau county. As a general rule,...
Archived
I have completed my restitution 2 years early and asked my probation officer for early termination. She verified the facts and
Jason's answer
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Answered on July 22, 2013
The only person who can terminate your probation early is the Judge. Your probation officer may recommenced that your probation be terminated...
What is the difference between pre-trial diversion and pre-trial intervention
Jason's answer
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Answered on July 18, 2013
Generally, pre-trial diversion/intervention programs serve as a kind of probation that you serve while your case is pending. Once accepted into a...
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