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Questions Answered by Michael Fayard
1 Answer | Asked in Criminal Law for Florida on
Q: What is the florida statue for the chain of custody in a criminal case?
Michael Fayard
Michael Fayard answered on Mar 28, 2020

It's a fairly complex answer for chain of custody, but start with Section 90.901 Florida Statute (Evidence Code). A good case to review is State v. Hampton, 44 so. 3d 661. You can find it on Google Scholar for free (just google the state v. Hampton, 44 so. 3d 661) if this link doesn't show up in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What crimes in Florida law fall under the rules 3.701 and 3.988 categories 1,2,3,and 4.
Michael Fayard
Michael Fayard answered on Mar 28, 2020

Scoresheets are generally used in all Felony cases. While misdemeanors are included in "scoring", the scoresheet is not used for misdemeanor (county court) level crimes.

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

As my colleague mentioned, you have to request discovery from the state. But the more important question: Why are you pro se?

You have the right to counsel through the public defender’s office. Or you can find private counsel (some even offer reduced costs). The fact that you are not...
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2 Answers | Asked in Criminal Law for Florida on
Q: Disposition released?

Charge Sequence: 1

Bond Amount: $0

Offense Type: FELONY

Charge Type: STATE

Disposition: RELEASED

Release Date: N/A

Charge Description: THEFT GRAND, FROM DWELL OR CURTILAGE, $100- $750

Bond Note: N/A

What does any of this mean?... Read more »

Michael Fayard
Michael Fayard answered on Mar 25, 2020

It depends on where this information was obtained, but see below:

Charge sequence: this is what count the charge is (basically is count 1 of a 1 charge case. Meaning there aren't multiple charges).

Bond Amount: $0 means that there was no cash bond issued (the defendant did not have...
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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: I broke up with my girlfriend 1 1/2 months ago. I stated that I want no contact from her. She respected that until

Today. She sent me a card with a money order for $40 that she owes me. I called her and told her that I want no more contact and I told her that I’m sending the $40 back. She emailed me that now she wants no more contact from me. Can I still mail her back the $40 with no letter or anything else... Read more »

Michael Fayard
Michael Fayard answered on Mar 24, 2020

In Florida, “harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. I don't the act of sending the money back to her would rise to the level of causing substantial emotional... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Once attorney-client privilege has been waived, can the conversation be recorded without consent in Florida?

I have good reason to suspect that something "shady" is going on with my attorney. If I bring my "non-essential third-party" fiance' to a meeting with my attorney, thus waiving attorney-client privelege, can that conversation be secretly recorded without violating the "two-party consent rule" in... Read more »

Michael Fayard
Michael Fayard answered on Mar 13, 2020

Florida is a "two-party-consent" state, and it is a felony to record an oral conversation with someone during an in-person communication if they have a reasonable expectation of privacy. Meaning, if you recorded the lawyer in his/her office or somewhere they think is private, without permission,... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: My friend sold me some stuff that was stolden I didn't Kno it and I got a pawn loan and now I got a proble cause warrant

Do I need a lawyer or wat do I do

Michael Fayard
Michael Fayard answered on Mar 13, 2020

You absolutely need a criminal defense lawyer. If you got a pawn loan you can be charged with a multitude of charges (including defrauding a pawn broker - 3d Felony, Dealing in Stolen Property). I would call a criminal defense attorney immediately to start working on your defense. I would also... Read more »

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1 Answer | Asked in Criminal Law for Hawaii on
Q: Is this 291-3.3(b) a misdemeanor? or is it an infraction (like a jay-walking ticket)?
Michael Fayard
Michael Fayard answered on Mar 6, 2020

It’s a violation, much like a traffic ticket. It is generally offered when the state can’t prove a DUI.

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?

Michael Fayard
Michael Fayard answered on Feb 24, 2020

It depends a lot on what was said versus what was reported. If you lied on either, then you could possibly be charged with making a false report or misuse of 911. The facts of the case will determine what, if anything additional happens.

I would contact a criminal defense attorney in your...
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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

Michael Fayard
Michael Fayard answered on Feb 24, 2020

I would absolutely recommend that you have a lawyer. And, being on probation means that you do not have some of the constitutional rights you normally would have if you were accused of a crime. In fact, lying can be a basis for violating probation or getting your intervention revoked.... Read more »

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1 Answer | Asked in Criminal Law for Hawaii on
Q: I am being accused of theft

I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I... Read more »

Michael Fayard
Michael Fayard answered on Feb 23, 2020

If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest you, yet. The... Read more »

6 Answers | Asked in Personal Injury for Florida on
Q: My neighbors dog got out from across the street came across and took a chunk out of my arm. Can I do anything?

They have no insurance

Michael Fayard
Michael Fayard answered on Feb 11, 2020

Yes. You may have a claim against your neighbor and their home owner’s policy for the dog bite. Call a reputable Florida dog bite attorney sooner rather than later.

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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
Michael Fayard
Michael Fayard answered on Feb 9, 2020

Yes, just getting arrested for a new charge can be the basis of a new violation (including failure to report that arrest to probation). But that doesn’t mean that you will be found guilty of the new violation for the new arrest. More times than not, the State will file the new violation against... Read more »

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Is it a conflict of interest? I had a lawsuit against a city awhile ago and now my husband has a lawsuit against them

so if the same department is handling it is that a conflict?

Michael Fayard
Michael Fayard answered on Jan 30, 2020

No. Based on the information you provided that is not a conflict of interest. If the city is liable for both you and your husband’s injuries that is not a conflict.

An example of a conflict of interest would be if a lawyer represented you in a matter and then the same lawyer tried to sue...
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3 Answers | Asked in Criminal Law for Florida on
Q: I currently live in Chicago, but have a felony warrant from 2006 in Polk County Fl. Need most efficient way to address..

There were co defendants in this case that settled with Nolle Pros. I am willing to do the same and realize that I more than likely have to turn myself in, but cannot afford to travel back and forth several times. How might I proceed most effectively? Also wondering if I will need a bail bondsman... Read more »

Michael Fayard
Michael Fayard answered on Jan 29, 2020

The most efficient way to handle this matter is to hire a criminal defense lawyer that can work with the prosecution on your behalf in an attempt to resolve the issue short of a turn in. But that depends on a lot of factors. Just because the co-defendants case ended with a Nolle Pros (which means... Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: Got pulled over and the cop gave me a ticket for following to closely but i was in the corner of my house.

No cars where infront of me but he gave me the ticket cause my lisence is suspended. So i got 2 tickets. The following to closely dont have description. Can i win the case in court and everything can drop?

Michael Fayard
Michael Fayard answered on Jan 26, 2020

You may have a potential suppression issue, but more facts are needed. If it is clear the the underlying traffic stop was improper (there were no cars near you so it would be impossible for following too closely), then you might be able to beat the stop all together.

A skilled criminal...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Am i required to take a UA because I am on supervise release even though i havent been sentenced or charged yet?

I was released on supervise release and part of my terms and conditions is to call a number and if my color is called i need to go in a give them a Urine sample. If i havnt actually been sentence for the crime yet can they really tell me i need to do a UA?

Even if they have no reason to... Read more »

Michael Fayard
Michael Fayard answered on Jan 25, 2020

Unfortunately, yes. You can be required to provide a UA if it is part of your pre-trial release. Generally, it is mandatory if the court ordered it. Sometimes a motion can be filed to change the terms and conditions of the pre-trial release, but you would need a good reason to drop the potential... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My brother been incarcerated 10 years but I think he might have a serious discrepancy

If he was arrested under 1 case # and then added more charges to a different case # but they never filed charges for the 2nd case so after 14 months later hes released on bail for the 1st case#. When they find out they filed charges and attached them to the 1st case #. Is that allowed?

Michael Fayard
Michael Fayard answered on Jan 25, 2020

There may be an issue with the case. Unfortunately, the information that you have provided does not give all the details that are needed in order to answer the question. There could possibly be speedy trial issues, or charging issues. But there's really not enough information to answer the... Read more »

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