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Questions Answered by Michael Celso Gonzalez

1 Answer | Asked in Criminal Law for Florida on

Q: I am facing a criminal mischief charge its my first time ever getting in trouble its a felony what is the worst

Michael Celso Gonzalez answered on May 16, 2018

The maximum sentence for a third degree felony is five years in prison. Sometimes you may have a defense even though you did it because the state cannot prove the case with lawfully obtained evidence or if they only have circumstantial evidence.

1 Answer | Asked in Criminal Law for Florida on

Q: can a person get charge for a person open the DOOR for them to come in they apartment but did not give permission

so can a person get charge with burglary occupied structure unarmed in pensacola Florida

Michael Celso Gonzalez answered on May 16, 2018

If you opened the door knowing that a burglary or other crime was going to be committed the answer is yes as long as there is proof on knowledge and intent. It's called principle theory.

1 Answer | Asked in Criminal Law for Florida on

Q: 3rd offence. Wife did not press charges or have injury and no damages to home. Sole provider for family. Court next week

Rekeased on ror with contact to come home. We will loose our home and vehicles without my income. Wife going to court with me. Both scared. 1st and last domestic charge with wife. Other 2 before her. One hit a man who hit my sister and other made up charge by my x that state went along with even... Read more »

Michael Celso Gonzalez answered on May 16, 2018

Depends on what you are charged with. You can be charged with a felony if there is a prior. Do not allow yourself to be bullied into a plea. Speak to your attorney about your options. If you have the PD and want to hire a private lawyer then ask the judge for time to consult with one. You... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: I have 3 charges from 20 years ago that i never knew about until i recently got arrssted on a warrant that was issued 3

Michael Celso Gonzalez answered on May 16, 2018

You may be able to have the charges dismissed for violation of the statute of limitations. The State of Florida has a legal obligation to not just have an arrest warrant issued, but must also exercise diligence in attempting to bring that person to justice.

1 Answer | Asked in Criminal Law for Florida on

Q: Can I be charged for a gun found on my side if the registered owner is in car? It was not in my possession

They said they saw me jump over from that side- and said the gun charge is going to me.. my cousin was in the car and the registered owner. He told the officers this as well . I am being charged with possession on the gun. He said since it was on the side he said I jumped over from before the stop... Read more »

Michael Celso Gonzalez answered on May 16, 2018

If there is no witness or independent evidence of recent possession then I do not see how they can prove the charge. Proximity to something is legally insufficient.

1 Answer | Asked in Criminal Law for Florida on

Q: My husband is currently incarcerated in Florida DOC. Can he be charged with introduction of contraband if it’s a watch?

We are being accused of trading watches during visitation

Michael Celso Gonzalez answered on May 16, 2018

Yes. If he's not allowed to have something and he's in possession of it he can be charged. Contraband doe not just means drugs or weapons. If he's not allowed to have a particular food item or a magazine that could be considered contraband as well.

2 Answers | Asked in Criminal Law for Florida on

Q: Man accused of 3 counts of human trafficking accused of holding 3 women, forcing them into prostitution. In Jacksonville

It’s in Jacksonville Florida 1.5 million bail. What are possible outcomes if he has a lawyer

Michael Celso Gonzalez answered on May 16, 2018

The outcome depends on the facts of the case which should not be spelled out here. You should contact an experienced attorney to get their opinion. I have been involved in case like this where no one would testify consistently against the accused and therefore the case had to be dropped

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1 Answer | Asked in Criminal Law for Florida on

Q: I have a affidavit where the sheriffs dept came in & arrested me! The only prob cause was I was known felon

I have the affidavit in hand & can't seem to find a valid Cause of why a search warrant was ever issued not once but twice to the sheriff dept to search my home & arrest me. I was arrested two hours b4 the first warrant ever arrived. There was a second person arrested a month & half later in... Read more »

Michael Celso Gonzalez answered on May 16, 2018

You should be able to tell a lot by reading the affidavits that support the finding of probable cause for the warrants. Sometimes they are very sketchy and if their is a CI involved who is still working they may be very reluctant to provide the information they gave them. In discovery once the... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: If a person has a no contact order against me, can I contact that person's lawyer without penalty?

I am in the state of Florida, and this is NOT a domestic dispute

Michael Celso Gonzalez answered on May 16, 2018

It's probably best to hire an attorney to do it for you. Depending on how that person's attorney interprets the communication it could be looked at as a violation of the retraining order.

1 Answer | Asked in Criminal Law for Florida on

Q: If someone has two violent felonies in Florida and they commit a violent felony in Tennessee would that be a third stri

Michael Celso Gonzalez answered on May 16, 2018

It depends on the law in Tennessee. You need to consult with an experienced attorney in the county where your charges arose.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on

Q: What is the average price for a lawyer to handle VOP charges? Who is the best VOP attorney in Broward Co., FL?

Michael Celso Gonzalez answered on May 16, 2018

You need to ask the "how much" question only after you have interviewed a number of lawyers in person. If anyone gives you a price quote over the phone don't hire them.

1 Answer | Asked in Criminal Law for Florida on

Q: Florida criminal law: when new counsel is hired, takes over case from PD, are they entitled to all discovery evidence?

In my case the public defender had filed a notice of appearance and discovery. I appeared in court a few days later, and informed the court I would be retaining private counsel, case was continued 30 days. I appeared with my new attorney on the court date, he filed his notice of appearance and... Read more »

Michael Celso Gonzalez answered on May 16, 2018

The attorney you hired should have gotten the discovery from the PD. You may have a remedy under Rule 3.850 for Ineffective Assistance of Counsel alleging that because your lawyer made a mistake representing you you should be able to start over.

1 Answer | Asked in Criminal Law for Florida on

Q: I have a Rolex that was stolen, the woman that stole it sold it to a jeweler and dealer. Not a pawn shop, how to gebac

Getting it back without paying the $780 balance on it since she quite paying restitution. Apparently since she sold it to a second hand dealer and signed a release saying it was hers that they aren't obligated to return it to me til they get there money. Different than a pawn shop somehow. So I... Read more »

Michael Celso Gonzalez answered on May 16, 2018

Have you called the police? I have dealt with second hand dealers and they are treated very much like pawn shops under the law which means they need to give you the watch back. They are the ones who assume the risk when they purchase second hand goods not you. Call the police.

1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on

Q: how should I plead? Is there a chance I'll so to prison?

I was recently arrested for driving with a revoked licence I was charged a HTO felony, I've never been to jail nor have I been arrested before, now I have to appear in front of a judge.

Michael Celso Gonzalez answered on May 16, 2018

You could get up to 5 years in prison and the legality of that sentence could not be appealed. That usually doesn't happen but it could depend on your prior criminal history, if any. When it comes to driver's license issues you should hire a specialist because if it is not handled properly you... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: My friend was arrested for a shooting and the victim was killed and they are trying to give him a life sentence. I want.

I wanted to know what kind of lawyer would he need and the price and also what steps do we need to take n how can we prove it was self defense

Michael Celso Gonzalez answered on May 16, 2018

You need a criminal defense attorney with lots of experience and hopefully experience as a prosecutor. Asking how much it will cost is a question you should only ask after you have interviewed the attorney. You should speak to a number of lawyers and see if they handle these types of cases on a... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: What is the worst that could happen if I violated my probation 1time first felony ever 1 lil mistake in 12months

I failed 1 drug test in my drug consoling class for meth and xanex..the judge agreed to just modify me to do an extra 16classes and they drug tested me again and I had xanex in my system which I tried to explain I had been prescribed them for 10years and for a yr I couldn't afford to pay 350$ to go... Read more »

Michael Celso Gonzalez answered on May 16, 2018

Believe it or not the court can sentence you up to the maximum allowable by law which for a third degree felony is 5 years, 2nd degree felony 15, 1st degree 30 years and life for a life felony. So testing positive for marijuana could get you prison time. The violation must be willfull and... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on

Q: IF THE PROBATION DEPARTMENTS INTEVIEWS YOU BEFORE SENTENCING ARE THEY THINKING ABOUT PROBATION INSTEAD OF JAIL TIME?

AGRAVATED CHILD ABUSE FOUND GUILTY OF 827.03 2A THE PLAINTFF IN THIS CASE IS A TROUBLED CHILD WHO LIE'S FOR ATTENTION. THE DEFENDAND SPANKED HER. AND THE CHILD, A FULL DAY LATER SELF INFLICTED MARKS ON HER BUTOCKS. AND BLAMED THE DEFENDANT. SO THE DEFENDANT PLEADED NOT GUILTY. THE PLAINTIFF ,A STEP... Read more »

Michael Celso Gonzalez answered on May 16, 2018

It is difficult to say. Your attorney should ask them directly what their recommendation is in order to be properly prepared for sentencing. Also, what the probation department's reasoning is so that you may have an appropriate counter argument and are not caught by surprise.

2 Answers | Asked in Criminal Law for Florida on

Q: I was recently charged with trafficking methamphetamine. It was retested and found not to be it.

But I was still charged with a possession of it . . On top of other charges that were valid. How can I be charged with possession of something not even there

Michael Celso Gonzalez answered on May 16, 2018

There are a number of answers including being charged with possession of a counterfeit drug. If I sell someone a bag of white powder telling them it's cocaine and it's not that is still a crime. You should get a copy of the charging document and see what the exact charge is and then review all... Read more »

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