Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Sasha Dadan
1 Answer | Asked in Criminal Law for Florida on
Q: Is there anything that can be done as far as post conviction for a person who’s been convicted of a sex offense

I’m trying to gather information on if anything can be done for someone who has been convicted of a sex offense and has served more then half of the sentence. He was listed as a sex offender but due to the change in law any sexual crime after sep 1 2004 your considered a predator. Which he is not... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 23, 2018

Not everyone who commits a sexual offense is listed as a sexual predator. See Fla. Stat. 775.21.

You may want to speak to an attorney about the Romeo and Juliet law, which may qualify for removal from the sex offender registry.

SEXUAL PREDATOR CRITERIA.-

(a) For a current...
View More

2 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Q: Can someone use text message as Evidence to against another person in court, Or Investigated Even citizens arrested.
Sasha  Dadan
Sasha Dadan
answered on Oct 22, 2018

Yes, but the text messages have to be authenticated and must be relevant. The text messages generally can be authenticated by calling as witness the person who sent it or received the message.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Should a defense lawyer request a Frank's hearing, address Brady, Giglio claims before filing for motion to suppress?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.

1 Answer | Asked in Domestic Violence for Florida on
Q: Do I have to be hurt in my house in order to file a domestic violence complaint against my husband?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can a person be found guilty of a verbal threat made durning a competency evaluation,where they were found incompetent?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

A threat alone is not actionable. The legal definition of assault is found in Fla. Stat. 784.011.

To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) intentionally and unlawfully threatened, either by word or...
View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: Can I move out at 17 with parental consent?

I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

You would need to file for emancipation.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: I have a 2009 Judication Withheld for domestic violence (Threat by Verbal). Can the be expunged of vacated?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

You cannot expunge a domestic violence offense. For more information here is a list of offense you cannot seal or expunge:

393.135 Sexual misconduct of developmentally disabled

394.4593 Sexual misconduct of the mentally disabled

787.025 Luring or enticing a child...
View More

View More Answers

1 Answer | Asked in Juvenile Law for Florida on
Q: I assume the maximum age of juvenile law is 18 but is there a minimum under which a child can't be prosecuted?
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

Competency plays a major role in whether the State Attorney's Office decides to prosecute a juvenile offender. I represent children who have been accused of crimes in my practice. If I think the child is to young, has a low IQ, an IEP plan, or has difficulty understanding the role of the... View More

1 Answer | Asked in Traffic Tickets for Florida on
Q: I have a suspended license from the state of pa and I just moved to palm beach county and got pulled over.

I got pulled over and officer gave me a criminal traffic violation citation and need to appear in court in october.

State of PA could not issue me a restricted license bc I no longer reside there.

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

You should obtain a lawyer for your case immediately. You were likely charged with driving with a suspended license in Florida. PA is part of "The Driver License Compact" which means Florida would treat the offense as if it had been committed at home, applying home state laws to the... View More

1 Answer | Asked in Traffic Tickets for Florida on
Q: If you go to traffic school do you still have to pay the ticket?
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

Traffic school will waive points if you qualify, but not waive your citation fee.

1 Answer | Asked in Traffic Tickets for Florida on
Q: I received a traffic ticket 7 years ago in missouri and was suppose to appear in court.

The court set a bond since i failed to appear and i currently live 4 states away in the Florida Keys. Im hiring a traffic lawyer to appear for me on this issue. My question is would the court actually force someone to travel a thousand miles to appear in front of a judge for a 7 year old citation... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

You should consult with a lawyer immediately. It sounds like your case is criminal traffic and you received a failure to appear which carries additional penalties.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: can my Probation Officer forbid me from doing something, even if it's not in violation of my stated probation orders?

I am currently on probation in Orange County, Florida. My probation orders state I'm forbidden from consuming or possessing any narcotics UNLESS PRESCRIBED BY A PHYSICIAN. Medicinal marijuana is legal in Florida. I have a legal prescription for medicinal marijuana, issued by a medical doctor... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

I would consult with your probation officer and show proof of your license to consume medical marijuana that should suffice.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: The two grandmothers of my two boys has marchman acted me an placed an injunkion on me how can i get my 2 boys back
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: If I don’t show up to court for a restraining order will they issue a warrant for my arrest or just continue the order
Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

An injunction case is civil in nature and not criminal. You will not be issued a failure to appear. However, if you have received proper notice of the injunction hearing and you do not attend your hearing the court will have the hearing without you and hear the alleged victim's testimony. In... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: My wife hits me but I weigh 200 lbs more than she does and it doesn't really "hurt."

Will the courts still consider that DV?

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

Thank you for your question. Domestic Violence cases are handled two ways primarily in the judicial system: Criminal or Civil. If you are seeking to file an injunction against your wife the standard for the issuance of an injunction can be found under Fla. Stat. 741.28. Domestic violence means any... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If a neighbor filed for an injunction claiming battery and it was denied will I still have to go to criminal court .

She has'nt any proof because I did nothing. She took pictures of glass her driveway but claimed to see me and another neighbor putting it there. She didn't take pictures of that. She calls the police for everything yet when we went to court for the injunction she claimed she glass... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

Thank you for your question. Its unfortunate what you are going through. You will have to go to court in your criminal case. If you do not show up for court in your criminal case you could receive a failure to appear which carries a maximum of 6 months in the county jail. However, you could use... View More

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: my husband is on felony probation and we are wanting to move out of state. what would a lawyer cost for this ?

my husband is on felony probation for aggravated assualt with a deadly weapon without intent to kill.. he has 6 years left on his probation in fl. we are wanting to move to alabama but need to know how to get the application for transfer put in. we are also wondering what the average cost would be... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

You can always request the court to terminate his probation by filing a motion. See Florida Statute 948.05.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: I am charged with shoplifting 2 items valued at $28 from a Publix store. I didn't intentionally not pay for them.

The items were in front of cart and I pu a prescription at the pharmacy and set the bag on top of products. As I shopped I picked up bag to put in purse and also picked up the 2 small items. I did not unload cart at checkout so was not aware items never got put on counter. I was stopped after I... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 15, 2018

I would encourage you to review the Florida jury instruction for RETAIL THEFT and read Fla. Stat.

§ 812.015(8). The State must prove that you knowingly took these items. Certainly, having no prior criminal history is a tremendous benefit and may lead to a better plea bargain if you are...
View More

View More Answers

2 Answers | Asked in DUI / DWI for Florida on
Q: If I get a DUI for drunk driving my car, will they take my boating license away, too?
Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

Your boating license is separate from your driver's license.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.