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Questions Answered by Kevin J. Pitts Esq.
1 Answer | Asked in Juvenile Law for Florida on
Q: Fl. My 13 yr old son smacked a boy for making fun of him and charges were filed... what will happen in court?
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Mar 19, 2014

You have two issues. The first is sanctions placed on him by the school. This can include suspension or expulsion. The second is court. He could be charged with battery, disorderly conduct or possibly disrupting a school function. He may have legal defenses for his actions. If he has not been in... Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: Im being charged with DUI in FL. How do I know if they are considering my prior DUI in Ohio
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 27, 2013

Sometimes it gets over looked or is used by the prosecutor as leverage to get a plea. The classic example is the prosecutor will offer a first DUI and if it is not accepted and the case is set for trial they will request the judgement and sentence from Ohio. If they have a certified judgement and... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: According to Florida state law, is a shipping container considered a structure - specifically in reference to burglary?

I served as a juror on a burglary case. The defense argued that since there were no structures on the property, the defendant should be found not guilty. Although we found not guilty because of reasonable doubt of intent to steal, we were unsure as to whether some shipping containers on the... Read more »

Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Mar 15, 2011

If the case is still pending disregard anything I say. As a juror your job is to place the facts into the law as explained to you and decide if the state has carried the burden to prove the case. The attorneys present the evidence and the Judge explains the law. As a defense attorney I can assure... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Will my fiance win his appeal. he was driving a car that does not belong to him and the officer found drugs
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Mar 15, 2011

I agree with the previous post. Drugs in a rented or borrowed car is a defense but it is not an absolute defense. It is possible that someone rented or borrowed a car to buy or sell drugs or had no knowledge of the drugs. The facts and the way the issues are preserved for appeal along with the... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: How does cross examine work?
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

The party that calls a witness asks questions on direct examination then the opposing party questions the witness on cross examination. It is limited to the scope of the direct examination and the credibility of the witness. You can lead the witness which can be a good time. It requires you to be... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What is the penalty for culpable negligence? when it involves a shooting but the victim survives?
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

Culpable negligence with injury is a first degree misdemeanor punishable by a year in jail or on probation. Without injury is a second degree misdemeanor punishable by 60 days in jail or 6 months probation. If a minor obtains a improperly stored gun and hurts themselves or someone else it is a... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Florida's criminal mishief law is a misdemeanor exception, is there a limit on the dollar amount of damage for arrest?
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

Under $200 is a second degree misdemeanor, over $200 but under $1000 is a first degree misdemeanor and over $1000 is a third degree felony. You can be arrested for any misdemeanor and sentenced to up to 60 days jail for a second degree misdemeanor. If by exception you are speaking of 901.15(9)(b)... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Representing myself in criminal court what is expected of me at pretrial conference? Do I need. Forms?
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

You can ask for a continuance, set the case for trial, plea no contest, plea guilty or set the case for a plea date. Many Judges will allow an ore tenus (verbal) motion for continue but you might want to make sure you have grounds for the continuance. If you want to file motions to... Read more »

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3 Answers | Asked in DUI / DWI for Florida on
Q: My boyfriend got wasted at a party, but wouldn't let me drive him home. Cops pulled us over, and I was charged with DUI

But I wasn't even the person driving! Don't I have to be the driver to legally be charged with DUI?

Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

If you were in the passenger seat and the keys were in the car and within the passenger compartment then you could be charged with DUI. If he was in the drivers seat then he should have been charged even if it was parked with the keys not in the ignition. I cant see the passenger of a car with... Read more »

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2 Answers | Asked in DUI / DWI for Florida on
Q: I have an out of state warrant for not finishing probation on a dui, can i still get my original ticket number without g
Kevin J. Pitts Esq.
Kevin J. Pitts Esq. answered on Feb 11, 2011

I agree with the previous post. Your drivers license is also likely suspended as a result. If the DUI probation was not complete you might not have cleared up your license. If you did complete that part of the probation your license can be suspended for failing to appear or failing to pay your... Read more »

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