State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.
If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of...Read more »
What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... Read more »
"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking...Read more »
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting...Read more »
If I understand what you are asking, an appellate court (perhaps SCOTUS or the Florida Supreme Court) reversed a case and remanded to the trial court, ordering that certain remedies were viable. However, I'm guessing, the appellate court failed to mention another possible remedy. Perhaps you...Read more »
A Florida attorney could advise best, but your post remains open for two weeks. It could be difficult for someone to offer their legal services here - the format is more Q & A than lawyer referral service. Here's a link to a page on this site with Florida Family Legal Aid & Pro Bono...Read more »
Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »
If it's a judgment for specified damages (as opposed to other relief), the judgment creditor's job is to try to collect it. That would normally be done by getting a writ of garnishment and going after your non-exempt property. If you have no such property, they may not be able to collect.
What makes you think you have until March to file an appeal? The time in which to file an appeal is normally much shorter than that. In any event, no, the courts are not closed; you should be able to file your appeal online.
My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?
Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.
(1.) I am filing an appeal for "Case "A". Can I use certified transcripts (relevant testimony) from a related case ("Case "B"") even though I'm not appealing from what happened in "Case B"'s hearing?... Read more »
In general, no. The evidence (the transcript) in Case B was not before the court in Case A. The judge perhaps could have been asked to take judicial notice of the Case B evidence, but presumably was not so asked.
I received a call from a woman who says that his co-defendant confessed to the murder the day after it happened and now has been in contact with him and he wants to come forward. How should we do this properly?
A motion to dismiss concerns the pleadings (your complaint, in particular), which have to do with allegations, not evidence. Evidence, as such, would not have been introduced at this stage. So if you were to appeal the issues in the appeal would be whether the factual allegations in your...Read more »
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