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Questions Answered by Michael Mayoral
1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: The demanding agency had already stated that they don't wish to extradite why is my husband being rearrested

Fugitive from justice arrest made in Florida in 2019 arrested again for the same in 2021 the Manning agency stated no longer wish to extradite in 2019

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

In order to have someone assist you on this very serious matter, try to phrase this as a question. For example, what question do you want an answer to? Ex: Can they do that? What should you do next? You may want to directly consult with a criminal defense attorney in your area.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I am looking for a lawyer to take my case against ABC Capital, please i need help finding one

ABC Capital, Ricardo Scattolini and Jay Walsh sold me a house in Baltimore for $ 80,000 claiming it was renovated but it wasn't. ABC Capital Miami was my property management but they don't want to pay me the monthly rent. Ricardo Scattolini does not answer my calls, does not answer emails... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

You may have a claim for a breach of contract. An essential factual element of a breach of contract claim is a material breach, that the defendant either failed to do something essential which a contract required it to do or that the defendant did something which a contract prohibited it from doing... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Time frame to notify a defendant of trial? Documents need to filed and received by defendant? Not a verbal notice?

I had been contacted by my Attorney and verbally notified I would be going to trial the next day. Not even a 12 hr notice, nor did I have a hearing to set a trial date. Offered plea deal and told if I didn't take and went to trial it would be very expensive. This isn't an active case yet... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

There is no set time frame to give notice to a client that their case is set for trial, but attorneys have an ethical duty to communicate with their clients and keep them reasonably informed of the case and the events in it. You may want to ask your attorney to request a continuance.

1 Answer | Asked in Criminal Law and Child Custody for Florida on
Q: First time offender, charged with 1st degree robbery w/a firearm, Likely sentence? Second time felon same charge, same ?

1st offender, woman/mom. Used weapon other than gun, was picked out of lineup, texts with pictures, phone logs with victim minutes prior to crime, toll logs of witness described vehicle leaving area within minutes of the crime. Being held on no bond. Concerned mainly what kind of trouble is mom... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

It is impossible to say what a likely sentence is on someone, even with this description of the facts. I can tell you that those are very serious charges and that it is in her interest to have a competent criminal defense attorney. A plea deal is almost always possible, but it depends on a lot of... Read more »

2 Answers | Asked in Traffic Tickets for Florida on
Q: Can I fight a FL ticket written to the wrong person?

My son caused a fender bender with no damage done. The ticket was written to the other driver who was not at fault. Does he HAVE to call the officer to correct it or can he get out of it due to technicality?

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

The best advice I can give is that neither of you should contact the officer and you should hire a traffic ticket attorney for your son and explain the situation to them.

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1 Answer | Asked in Criminal Law for Florida on
Q: Can you get a VOP when you aren't on probation? PD said I'm not but vop warrant was issued for some reason.

Haven't been sentenced at all yet. Made first appearance after the arrest and was assigned a public defender. I've never been arrested before and I'm not on probation but when I went to court the judge mentioned VOP but I'm not even on probation. Public defender said I'm... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

A warrant can be issued if you are not on probation for a number of reasons, but a VOP warrant can only be issued if you are on probation. It was likely an error by the clerk or the judge.

1 Answer | Asked in Criminal Law for Florida on
Q: Can they hold you in state prison for less then one year
Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

Generally speaking, yes. For instance, if you serve 11 months waiting for trial, get convicted at month 11, and then are sentenced to 18 months in state prison: your total sentence would be 18 months, but you would have already served 11 months in county, therefore you should serve at most 9 more... Read more »

2 Answers | Asked in Criminal Law and Employment Discrimination for Florida on
Q: Does a misdemeanor marijuana offense when I was 17 show up to law schools or the BAR association in Florida?

This offense was expunged through a diversion program and I checked the FDLE for any criminal history and it returned no criminal history.

Michael  Mayoral
Michael Mayoral answered on Nov 29, 2021

You are going to have to disclose the case to the Florida Bar and likely law schools (depending on what the application says), even if it was sealed and expunged. The good news is that there are a ton of lawyers with misdemeanor convictions who get accepted and accepted to the bar. The key thing to... Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI property damage, FL. No prior criminal history or traffic offenses. Refused to blow. How likely is dui conviction?
Michael  Mayoral
Michael Mayoral answered on Nov 24, 2021

That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: I used pepper spray on someone in self defense. That person turned around and is claiming they need a restraining order

After I pepper sprayed them in self defense to get a loved one out of the area they came looking for us and ended up throwing a brick through the car windshield. I called the police filed a report and also have an upcoming case with them for the damage to the car. Now they have turned around and... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

Hire an attorney to represent you at the hearing on the restraining order (injunction) and provide them with all relevant evidence to present to the court. If they petitioned for an injunction, you will likely be served with a temporary injunction that provides a hearing date for the permanent... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: What do I do if someone took my car and sold it to someone else without the title
Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

If someone took your property without permission with the intent to deprive you of the property, that is pretty much the legal definition of theft. You may be able to file a criminal complaint against them with your local law enforcement office. Alternatively, you could possible sue them for... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Florida on
Q: I live in Florida. The sister-in-law of a guy I met not long ago, is a pharmacist at Walgreens. She went into my

medical history without reason or permission and told other people what was in it. I have never actually met her and have never been to that Walgreens. I wanted to know what course of action I could take, the specific laws she's breaking and what the penalty would be. I would also like to know... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

It sounds like your medical privacy rights may have been violated. You can make a complaint with Walgreens for the HIPAA violation. 45 C.F.R. § 164.530(d) requires that covered entities have procedures in place for individuals to complain about an entity’s compliance with its privacy policies... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: I would like information on how I would pursue a complaint or medical malpractice against a doctor.

I had Achilles’ tendon surgery two years ago and had to have it redone by another surgeon this past summer.

The first surgery was done incorrectly. I was advised by his nurse that “ he hasn’t done this kind of surgery in years.

Also I ended having a infection on the surgery... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

This isn't the type of claim that you can pursue yourself. You need to get in contact with a medical malpractice attorney in your area who handles cases on behalf of plaintiffs (parties who are suing as opposed to doctors who are being sued). One thing that may be an issue for you is that in... Read more »

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: I was picked up for a vop warrant out of Baker County and released now they are trying to record me for the same thing

I signed waiver of extradition they never came and got me and I was released

Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

Whether or not the county where your VOP is decided to pick you up and extradite you does not change the status of your VOP. You should immediately consult with a criminal defense attorney in your area to try and resolve the VOP.

2 Answers | Asked in Personal Injury and Small Claims for Florida on
Q: My hair damaged and fell out from johnson and johnson
Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

You may have a claim, the type of case would be called "product liability." You should consult with a product liability attorney in your area.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I tested positive for alcohol n I have n open DCF case can they take my children away again

I havent tested positive at all for anything since January of 2021.

Michael  Mayoral
Michael Mayoral answered on Nov 19, 2021

The answer to this depends on the case history and a number of different factors. You should consult and retain a family law attorney in your area.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted if I payed my rent on time, but the complex gave me a letter saying I didn't?

I payed my rent on the first. The money was taken out of my account and I received a letter saying I didn't pay. I've called them and emailed them and nothing. It's been a week and about 2 days ago I received a reply saying they are looking into it.

Michael  Mayoral
Michael Mayoral answered on Nov 18, 2021

Generally speaking, your landlord should not be able to legally evict you for non-payment of rent if you indeed paid rent on time. Maintain your records and contact a local landlord-tenant attorney if the situation escalates.

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: As a respondent, what is the cost to file a motion to dismiss a temporary order of protection in Missouri

I am in Florida & epo was filed in Missouri

Michael  Mayoral
Michael Mayoral answered on Nov 18, 2021

Contact an attorney in the county where the EPO was filed who deals with domestic violence cases. The cost depends on what that attorney will charge. It depends on the facts of the case and it is difficult to give a direct answer on this.

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1 Answer | Asked in Criminal Law and Banking for Florida on
Q: Can you get criminally charged if you accidentally spent $15 of your ex's card?

My friend had a nasty breakup with this guy. He purchased something on a mobile app without realizing it was on his ex's card. He tried to pay him back via Venmo but was blocked by the ex. He is now threatening to press charges and is going psycho about it.

Is there any chance that he... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 15, 2021

He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: As a landlord can I cancel a lease before it starts? Tenants are late on rent for current lease.

Tenant hasn’t paid October rent yet and their new lease starts December 15th.

Michael  Mayoral
Michael Mayoral answered on Nov 15, 2021

It really depends on what the lease says and what the parties have specifically agreed to in writing. Your situation is somewhat unique and you should consult with a landlord-tenant lawyer (in the jurisdiction where the property is) to go over the lease agreements and give you your options.

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