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Questions Answered by Ajay Pallegar
3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Ajay Pallegar
Ajay Pallegar answered on Jan 14, 2020

Yes, assuming you received a withhold of adjudication (no criminal conviction) and you have not previously sealed or expunged a case in the past.

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1 Answer | Asked in DUI / DWI for Florida on
Q: What are penalties for violation of ignition interlocking device prior to taking a plead deal

First dui taking plead of 12 months probation 75 cumunity hours and 6 months interlocking device but prior to taking plead real I violated my device what should I expect to happen

Ajay Pallegar
Ajay Pallegar answered on Sep 16, 2019

Depends on whether it was a violation of a court or administrative order or if it was simply an agreement between your attorney and the prosecutor. I would contact your attorney to discuss your options.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for Florida on
Q: If given notice to the court can I have a polygraph test brought in to prove my innocent Florida.

She said she going to me to Small claims court. less than $300

It’s a he say she say sort of thing

Trying to get money out of me that is not theirs

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Polygraphs are inadmissible in court, however, they can be used as mitigation to convince the prosecutor during pretrial negotiations.

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2 Answers | Asked in Criminal Law for Florida on
Q: If your car is searched based on false claims about the smell of marijuana; can you get charged with anything else found

I was pulled over because my tags were 3 days expired. Officers claimed to smell marijuana in my vehicle. Asked if they could search, I said no, not without getting the dogs. They physically pulled me out of the vehicle, searched me, did not handcuff me as of yet. During the search, officer found a... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

You are correct. If there was no legal basis for the search. The evidence obtained as a result of the illegal search is inadmissible in court and would be considered the so called fruits of the poisonous tree.

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