No. That motion is normally filed by the bail bonding agent to recover the bond after a failure to appear by the defendant. There’s probably a warrant. Depending on the practices of the jurisdiction, the bond might be reinstated with a new agreement between the bail agent and the defendant, with...Read more »
I have a family member in jail & is being held responsible for some serious charges that he did not commit but the man he worked under did. They were both charged w my family member being under the owner of the business. Now the owner of the business is the "star witness" against him.... Read more »
Ethically, the former attorney has to turn over the "file" to the new attorney. He doesn't have to turn over documents or papers considered his own "work product". The attorney can charge reasonable fees for copying and labor. Depositions, recordings, photos, investigator...Read more »
It's not for you or me to determine what a fair sentence is. That's up to the judge. If the sentence was within the legal guidelines, then the sentence will likely stand. The judge has access to the facts of the case and makes the ruling. There are appellate remedies for mistakes in...Read more »
In 1990 I try to enter us with counterfeit passport. But I was arrested during 2 month court hearing I was in jail after 2 court want to release with 3 years probation and I request to court I would like to go back my home country. court grant me permission and I went back my home country.... Read more »
Depending on where the case occurred, and the amount of damage, you may be able to resolve it without a physical court appearance. Contact a criminal defense attorney located in the area where the case took place and discuss the options available. Good Luck.
An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.
There are some constitutional rights that are forfeited upon a felony conviction: voting and firearm possession come to mind as the rights most often of concern. Many people seem more concerned with having guns and ammo than participating in the democratic process of elections. Amendment 4, passed...Read more »
Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.
I was charged with felony child abuse during a time of custodial disagreements with my ex-wife. I have never even spanked our children. under bad advise from a lawyer, I was led to believe adjudication withheld was as simple as not breaking the law, which is no issue, and it would be like this... Read more »
Child abuse, as defined in F.S. 827.03, is an offense not eligible for sealing, as you've discovered. Record sealing restrictions are collateral consequences resulting from withholds for certain offenses, so it's not grounds to reverse your plea of guilty/no contest....Read more »
In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no... Read more »
I agree with Ms. Olivero's response. Despite your attorney's efforts to secure a plea to a DUI, you might ask her/him/them to go back to the judge and secure a specific order clarifying the sentence. You'll need to get that to the Bureau of Administrative Reviews. Here's a link:...Read more »
In 2009 I was going through a hard time my sister told me to come stay with her in Columbus Oh. I came up from FL to see how things would go and they did not work out I was told she had 13 evictions in my name recently I had to go to court because the FWC gave me a fine for a fish that was two in... Read more »
It wouldn’t be the first time that a sister/brother used the identity of a sibling during an arrest. You’ll need to run an FDLE records check and find out where the DUI occurred, then work on getting it off your record. An attorney can assist you. Good luck.
Often police over-weigh/estimate weight of drugs to make the charge more serious, or they weigh the drugs with the packaging creating a heavier result. Eventually, the lab will settle the discrepancy, or the State will reduce the charge to a lesser quantity. There are different sentencing levels...Read more »
Person A Lent Person B his car, but Person B lied about his identity, and thus does not actually have permission to drive the car, and is not on the registration or insurance. What happens if he gets pulled over?
If a police report is filed for auto theft, the person may be arrested. The police report should identify the name of the person to whom the car should have been loaned to, and the identity of the person who took the car by false pretenses, if known.
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.