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Questions Answered by Terrence James O'Sullivan
2 Answers | Asked in Criminal Law for Florida on
Q: If someone has a probation hearing upcoming and then probation/community control hearing followed after. House arrest??

Probation violation

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Sep 15, 2020

Your question is pretty vague. Two separate cases?

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1 Answer | Asked in Criminal Law for Florida on
Q: Do u handle cases in lake city florida

I am being investigated and need a lawyer. First they took my phone without a warrant. They r trying to charge me on something I didn’t do

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Jun 13, 2020

I think the best answer is to find a reputable, local Lake county defense attorney ASAP.

3 Answers | Asked in Criminal Law for Florida on
Q: If someone was convicted for AGG BATTERY/W/DEADLY WEAPON and sentenced to 12 years but got out after 7 1/2 years and

While on probation and after 3 months of being released gets arrested for fighting and out back in jail, goes to trial is not found guilty but has to go back to prison for remainder of sentence for violating parole. This person said something about about the case law 784.021.1A and wanting to know... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Apr 20, 2020

Short answer: if you’re on probation and get arrested, his PO has a right to file a violation.

The violation “should” be worked out with the underlying case.

Questions remain outstanding; was there PC for a new arrest ( fighting), please tell me he didn’t plea to go home,...
Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: My roommates daughter just got out of jail and moved in with us. We live in a rough area,, theives ,drugs n the like.

We keep our property gates locked n we have a pitbull. The daughter's probation officer says we can no longer lock our gates. They have to stay unlocked. Can she do this?CAN SHE MAKE US KEEPP OUR GSTES UNLOCKED

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Apr 13, 2020

If you’re on probation in Florida you essentially lose all you’re 4th Amendment rights. Most, if not all, standard conditions of probation are to not associate with known criminals

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4 Answers | Asked in Criminal Law for Florida on
Q: Hi so my daughter got arrested for attempted murder , how long can they hold her ?

She got detained for detention hearing , how long can they hold her until trial ( my daughter is being charged as a juvenile)

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Apr 8, 2020

Really depends on the 923 PC affidavit and witnesses at the bond hearing

Any respectable attorney you hire will file a bond motion with mitigation and potential defense witnessese.

While the public defender has great attorneys, I wouldn’t expect a call back anytime soon....
Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: how to acquire & review prosecutor`s evidence against the defendant if self resenting
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 28, 2020

Request discovery pursuant to rule 3.220.

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4 Answers | Asked in Criminal Law for Florida on
Q: I just got a petit theft and have 2 previous with 1hold adjudication. How can I get probation

I am also on disability, where can I find pro bono help or just give me your opinion.

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 22, 2020

A third petit theft theft in florida May be charged as a felony. Instead of looking for probation why not hire a local attorney and look for motions to dismiss, suppress,etc?

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3 Answers | Asked in Criminal Law for Florida on
Q: My child is 18 and they put him on hold for something he did as a minor will he be charged?
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 16, 2020

That’s a very very vague question. The best answer I can give based on the facts of your question is maybe, depends on the prosecutor.

I’d definitely call a local attorney who can talk to the intake attorneys before a filing decision is made.

Good luck.

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3 Answers | Asked in Criminal Law for Florida on
Q: Possible arrest warrant and how would you handle this situation

My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 15, 2020

In a nutshell, you kept property you knew wasn’t yours and held it for ransom. Depending on the value of the phone the state definitely has enough evidence, coupled with the statement to police.

Call a local attorney and have him/her find out if the is a capias. And don’t make any more...
Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If someone pleads no contest to aggravated stalking, can they get it sealed? If so, would the victim know/have a say

I was able to view the record last year on my county public records search, but now the record is no longer there when I search the name

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 12, 2020

Fla Stat 943.0584(a)(I) states that aggravated stalking is not eligible to be sealed. The statute for Agg Stalking is 784.048. See if the final disposition of the case was possibly amended to a charge that is eligible.

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4 Answers | Asked in Criminal Law for Florida on
Q: Can you have a disorderly conduct with probation record from 2014 expunged if you had a cannabis charge expungemen at 19
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 11, 2020

Unfortunately no. In a Florida you can only have one case expunged

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2 Answers | Asked in Criminal Law for Florida on
Q: can you be charged rico violation, trafficking, and running criminal enterprise. double jeopardy???? state level Florida

a person was charged with trafficking cannabis, trafficking herion, then got upgraded with rico and also running a criminal enterprise. she used the trafficking as predicate acts which they allowed to do in fl. but they using those some felonies for the running a criminal enterprise. Mind you all... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 2, 2020

Double Jeopardy is a fairly technical area of law that experienced lawyers know how to deal with. There is a big mis conception to non-lawyers of exactly how this works. You need to contact a local attorney and explain your facts to him or her. I believe that any good criminal attorney will... Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: Will I get in trouble if what I said on the 911 call is different than what I said in my police report

I was a witness to an assault. On the phone with 911, some details I gave were incorrect. But In my actual police report, I 100% told the truth. Can I get in trouble for what I said on the phone not matching the report I filled out?

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 24, 2020

Very possible. The state can potentially charge you with making a false report and/or other charges.

From this point forward do NOT talk to law enforcement or the State Attorney without a local attorney.

Finally, as I usually tell people on any question forum board DONT give out...
Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: On probation testifying against someone, will their defense try to make me incriminate myself? Do I need a lawyer?

In a intervention program for probation. On probation and testifying against someone involved in same incident

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 24, 2020

If you're in a diversion program or on probation, you need to protect yourself. I do not know all of the facts (and please don't post them on the internet). You're rights, specifically you're 5th amendment rights, may be limited due to your status as in a diversion program or... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: A Violation Of Probation happens due to a shoplifting charge but then is found non guilty what happens to the VOP?
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 23, 2020

In a perfect world the VOP would be dismissed. However, Florida law allows the State to proceed on the arrest. Practically speaking, it depends on what you priors are, what you’re on probation for, is this a first violation and if the prosecutor has it out for you. I’d recommend a local lawyer... Read more »

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2 Answers | Asked in Education Law and Criminal Law for Florida on
Q: I am applying for a public school teacher position. I have been a director at a preschool for almost 11 years. I have an

Arrest on my record from 1996, possession of marijuana and shoplifting. Although I went through a pti program, it still shows on a local criminal check. It's not a disqualifying offense for the job, they ask you if you ever been arrested on the application and to explain what happened. If you... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 22, 2020

If the dispositions of you’re old cases were with hold of adjudication ( as opposed to an adjudication) you may be eligible to seal/expunge them. It’s basically the difference between a misdemeanor conviction or a disposition of the case with no conviction.

A conviction will generally...
Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: what do I do?

arrested for a petty theft of chicken from Publix but they are making this a felony case because this is the third time ,Last time he had a petty theft charge was over ten years ago,

it was a mistake I called ahead and they had it waiting and I called him telling him it was ready for pickup... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 21, 2020

The state has the discretion to charge a third petty theft as a felony, but they don’t have to. I’d hire a local lawyer to present mitigation and convince the State to either not file at all or keep the charges as a misdemeanor.

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2 Answers | Asked in Criminal Law for Florida on
Q: After violating probation can you get additional violations from getting arrested with no charges filed in Florida
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 9, 2020

Generally speaking in Florida if you’re on probation and get arrested the state can ( and almost always does ) file an affidavit of probation. Even if the new case is not filed or dismissed, the State can still attempt to pursue a probation violation hearing. It makes things more difficult for... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: in Fl if i gave info to a private detective before signing a confidential agreement can they do anything with it?

I gave too much info to the *private* detective and am worried that he will report some friends to the police because i mentioned potentially illegal activities they performed. I did not sign a confidentiality agreement and he wrote it all down on a notepad he was reluctant to get rid of the... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 6, 2020

Honestly, anytime you talk to the police without a lawyer it’s a screw up. Sounds like they are doing some type of investigation whether it be you or friends. My advice is always do not talk to law enforcement without an attorney.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Collections for Florida on
Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 5, 2020

I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

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