A person goes to prison in Nov 2007, gets out in Oct 09. Moves to Wa starts his life over. He's rehabilitated. Then a state brings charges up from 2007 against him, and the detective knew of these pending charges and could have brought these up in the time before and while this person was in... Read more »
My fiance' was acused of armed robbery, by another person that payed someone else to say he was guilty. When in fact, my fiancee' had been working out of town and had just returned only within 2 to 4 hours of the situation. my fiance' not knowing what was going on was taken to jail... Read more »
Your fiance probably waived all rights to have this "corrected" if he didn't appeal. He had the right to go to trial and by pleading guilty or no contest he usually waives that right to appeal. If he did go to trial, then he should have taken advantage of his appellate right. If...Read more »
The statute of limitations only applies to the state in filing the charge. If you were arrested, then the statute of limitations is irrelevant. On the other hand, if you were not arrested, it does not run while you are out of state, up to a certain point. Since the charge is related to a...Read more »
The warrant , i beleive it was a perjury charge , i was issued a florida drivers license with my new jersey license suspended for a traffic violation that was not paid in jersey which was paid after and am cleared in jersey , it was a ticket that I just don't remember however I don't... Read more »
This is a felony so you are going to need to turn yourself in at some point. While it may be possible to hire an attorney to fight this here while you are there, most judges require you to turn yourself in. I suggest you contact an attorney near the location where the charge happened.
It depends on the facts, the prior record, the judge, the prosecutor, the defense attorney, etc. In other words, I can't properly answer without knowing all that information. It could be anywhere from just probation to life imprisonment depending on all the factors. It's best to...Read more »
It is impossible to answer your question. There are way too many variables. Furthermore, even if it should be a clear winner, an appeal may not mean the person wins, because an appeal is an appeal of the law as applied to the facts. Judges may interpret things differently so even if I knew all...Read more »
Yes, but hopefully you mean that your attorney will be filing the motion. It isn't just a matter of citing a case but the legal argument that goes with it. If you haven't by now, I strongly suggest you get an attorney to assist you with this.
Under state law, it is unlikely. Under federal law, however, a third drug offense would qualify you as a "career criminal". This has the effect of doubling your sentence and increasing the mandatory minimums. Every case is different so if you are facing charges, I suggest you contact an attorney.
Certainly you can hire a lawyer to challenge the warrant. That said, there is a "good faith" exception whereby an officer could arrest on that warrant believing the warrant was valid in good faith. Officers often use this loophole but I suggest you talk to an attorney.
You have the right to use deadly force on anybody that puts you in imminent fear of bodily harm or death. Florida has a stand your ground defense that allows you to use deadly force, even if you are not in your home. Obviously, it should be a last resort but it certainly is a legitimate defense.
Only under limited circumstances. The most common is if you give consent to enter. Also, if there are exigent circumstances, the police could enter. Otherwise, they definitely need a warrant.
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