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answered on Dec 21, 2010
Yes, if the officer can articulate to the court a proper reason for the initial "Terry Stop" (the pat down).
I was misinformed of my court date and never been in trouble with the law before and not sure how long I can be held in jail?
answered on Dec 21, 2010
The judge can continue your incarceration, release you on your own promise to show, or allow you to bond out. If you gave yourself up, I would expect the judge to give you a second chance and perhaps increase your bail. You can also go directly to the judge and ask him to set aside the bench... View More
answered on Dec 21, 2010
The terms of the contract were truck for money. Truck had bad engine. Courts will either set aside contract (mutual mistake or item not bargained for) but will not reform the contract to make prior owner fix engine.
answered on Dec 21, 2010
Usually you can. However, it also depends on any other crimes you might have been arrested for and/or any special circumstances that might have surrounded your initial arrest. The agencies you must apply will make that determination. I suggest you find an attorney who specializes in... View More
answered on Dec 21, 2010
You can write a motion and file it with the court. Send a copy of it to the judge and ask him to dissolve the no contact order. You have to be the person that the order was entered for and not the person the order was entered against. After you send the copy to the judge, call his/her chambers and... View More
And I received a no info notice from the Prosecutors Office. Recently I received an Expunction for this 20+ year old case. The State of Florida allow "Administrative Expunctions" which are requested by the Arresting Agency when the arrest was in error. Now that the arrest has been... View More
answered on Dec 21, 2010
You can send a certified copy of the expungement order to the FBI and ask that your record (if you have one, most people do not) be expunged of the same offense. Normally, your FBI record would not be discoverable by private employers or other non-governmental persons/agencies.
answered on Dec 21, 2010
More force than is reasonable given the circumstances. The court usually compares what another "reasonable officer" would have done.
answered on Dec 21, 2010
A quick reading of the statute shows a habitual offender will always be charged with a misdemeanor but after a third offense, can be forced into rehab. The simple answer is, unless another crime is committed while drunk and charged, never.
answered on Dec 21, 2010
It would depend on the circumstances surrounding the warrant and whether there are any specific instructions or limitations imposed by the court. Not all warrants are identical. There are no-knock warrants (bust down the door and secure the premises, then search) which do not require anyone be... View More
answered on Dec 21, 2010
You have many options if you are an hourly employee. First you can send demand letter to your employer demanding payment. You must list the amount your owed, the time/hours you worked, and the rate at which you were suppose to be paid at. Your employer has 15 days to pay you the amount you demanded... View More
answered on Dec 21, 2010
If your spouse chose the option for you to receive the benefits, then you should. In return for choosing the spouse option, they would receive a lower benefit each month as opposed to receiving a higher benefit for not choosing the option.
answered on Dec 21, 2010
First speak to your lawyer or someone in his office. If you are still concerned, make a copy of your court file (or have your lawyer provide you with a copy) and take it to another lawyer to review. it is your case and your right to hire who you think is the best lawyer for you.
answered on Dec 7, 2010
The answer to your question depends on many different factors, none of which you have included in your fact pattern. I will review a few ideas about commissions and employment, hoping that my review will help you somewhat. The two main issues are whether you had a contract with your employer which... View More
answered on Dec 7, 2010
Florida Statutes afford persons who have been terminated from employment for "whistle Blowing." There are two private causes of action; one for public and one for private employees. Your fact pattern does not say "who" you worked for so the purposes of this answer, I will guess... View More
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