Speedy trial applies AFTER the arrest. However, there might be a statute of limitations issue. I would need more information but I suggest the person hire an attorney to file the appropriate motions.

It is illegal.

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... View 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... View 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's a second degree felony punishable by up to 15 years prison.

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... View More

If it is not apparent from the paperwork, you could always call the clerk and ask them as they should have a record of the arresting agency.

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... View More

No it is not legal. There may be exceptions under certain circumstances, but you should talk to an attorney in person to see what the best way to handle this is.

Not necessarily but I would need a lot more facts to properly answer your question. You should consider calling an attorney and discuss this in person.

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.

In the criminal context, the prosecutor has to show the evidence, otherwise known as discovery, only if the attorney requests it. Most of the time the attorney will request it. Hope that helps.

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.

Yes they do. You should talk to your attorney about challenging the indictment.

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.