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I’m trying to gather information on if anything can be done for someone who has been convicted of a sex offense and has served more then half of the sentence. He was listed as a sex offender but due to the change in law any sexual crime after sep 1 2004 your considered a predator. Which he is not... View More 
answered on Oct 23, 2018
Not everyone who commits a sexual offense is listed as a sexual predator. See Fla. Stat. 775.21.
You may want to speak to an attorney about the Romeo and Juliet law, which may qualify for removal from the sex offender registry.
SEXUAL PREDATOR CRITERIA.-
(a) For a current... View More
answered on Oct 22, 2018
Yes, but the text messages have to be authenticated and must be relevant. The text messages generally can be authenticated by calling as witness the person who sent it or received the message.
answered on Oct 18, 2018
Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.
answered on Oct 18, 2018
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in... View More
answered on Oct 18, 2018
A threat alone is not actionable. The legal definition of assault is found in Fla. Stat. 784.011.
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) intentionally and unlawfully threatened, either by word or... View More
I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... View More
answered on Oct 18, 2018
You cannot expunge a domestic violence offense. For more information here is a list of offense you cannot seal or expunge:
393.135 Sexual misconduct of developmentally disabled
394.4593 Sexual misconduct of the mentally disabled
787.025 Luring or enticing a child... View More
answered on Oct 15, 2018
Competency plays a major role in whether the State Attorney's Office decides to prosecute a juvenile offender. I represent children who have been accused of crimes in my practice. If I think the child is to young, has a low IQ, an IEP plan, or has difficulty understanding the role of the... View More
I got pulled over and officer gave me a criminal traffic violation citation and need to appear in court in october.
State of PA could not issue me a restricted license bc I no longer reside there.
answered on Oct 15, 2018
You should obtain a lawyer for your case immediately. You were likely charged with driving with a suspended license in Florida. PA is part of "The Driver License Compact" which means Florida would treat the offense as if it had been committed at home, applying home state laws to the... View More
answered on Oct 15, 2018
Traffic school will waive points if you qualify, but not waive your citation fee.
The court set a bond since i failed to appear and i currently live 4 states away in the Florida Keys. Im hiring a traffic lawyer to appear for me on this issue. My question is would the court actually force someone to travel a thousand miles to appear in front of a judge for a 7 year old citation... View More
answered on Oct 15, 2018
You should consult with a lawyer immediately. It sounds like your case is criminal traffic and you received a failure to appear which carries additional penalties.
I am currently on probation in Orange County, Florida. My probation orders state I'm forbidden from consuming or possessing any narcotics UNLESS PRESCRIBED BY A PHYSICIAN. Medicinal marijuana is legal in Florida. I have a legal prescription for medicinal marijuana, issued by a medical doctor... View More
answered on Oct 15, 2018
I would consult with your probation officer and show proof of your license to consume medical marijuana that should suffice.
answered on Oct 15, 2018
If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction... View More
answered on Oct 15, 2018
An injunction case is civil in nature and not criminal. You will not be issued a failure to appear. However, if you have received proper notice of the injunction hearing and you do not attend your hearing the court will have the hearing without you and hear the alleged victim's testimony. In... View More
Will the courts still consider that DV?
answered on Oct 15, 2018
Thank you for your question. Domestic Violence cases are handled two ways primarily in the judicial system: Criminal or Civil. If you are seeking to file an injunction against your wife the standard for the issuance of an injunction can be found under Fla. Stat. 741.28. Domestic violence means any... View More
She has'nt any proof because I did nothing. She took pictures of glass her driveway but claimed to see me and another neighbor putting it there. She didn't take pictures of that. She calls the police for everything yet when we went to court for the injunction she claimed she glass... View More
answered on Oct 15, 2018
Thank you for your question. Its unfortunate what you are going through. You will have to go to court in your criminal case. If you do not show up for court in your criminal case you could receive a failure to appear which carries a maximum of 6 months in the county jail. However, you could use... View More
my husband is on felony probation for aggravated assualt with a deadly weapon without intent to kill.. he has 6 years left on his probation in fl. we are wanting to move to alabama but need to know how to get the application for transfer put in. we are also wondering what the average cost would be... View More
answered on Oct 15, 2018
You can always request the court to terminate his probation by filing a motion. See Florida Statute 948.05.
The items were in front of cart and I pu a prescription at the pharmacy and set the bag on top of products. As I shopped I picked up bag to put in purse and also picked up the 2 small items. I did not unload cart at checkout so was not aware items never got put on counter. I was stopped after I... View More
answered on Oct 15, 2018
I would encourage you to review the Florida jury instruction for RETAIL THEFT and read Fla. Stat.
§ 812.015(8). The State must prove that you knowingly took these items. Certainly, having no prior criminal history is a tremendous benefit and may lead to a better plea bargain if you are... View More
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