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Questions Answered by Michael Fayard
4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Michael Fayard
Michael Fayard answered on Oct 15, 2020

Absolutely. If you are suspected of any crime, then it is always better to have counsel.

First, you are under no obligation to speak with the police. If they want to talk with you about a crime, chances are they don’t have enough evidence to charge you. Yet. Because if they did have...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: What would be the charge for getting a Emergency order citation
Michael Fayard
Michael Fayard answered on Jun 2, 2020

127A-29 violations are generally misdemeanors with the maximum punishment of a $5000 fine and a year in jail. These charges also have the right to a jury trial. See https://www.fayard-law.com/maui-criminal-defense/maui-127a-29/ for more info

1 Answer | Asked in Criminal Law for Hawaii on
Q: What is the code to a lawyer by entering the number associated with that particular attorney called

where do I find these numbers to look up a specific attorney??

Michael Fayard
Michael Fayard answered on May 26, 2020

Do you mean bar number? If so, you can find that on the state bar association’s website (Hawaii is HSBA.org). And then you can search by attorney name. Other states allow searching by different parameters.

3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I have a warrant for arrest due to failure to appear would it be better to get legal representation or turn myself in.

Failure to appear is for tickets I did not know I had and I live in a different county and have no knowledge of the citations at all.

Michael Fayard
Michael Fayard answered on May 26, 2020

Hiring an attorney can be a great move for you in this case. Juat like in most cases, an attorney will get better results than a pro se defendant (someone that self-represents).

In your case, an attorney may be able to file a motion to set aside the warrant and get the case resolved...
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2 Answers | Asked in Criminal Law and Probate for Florida on
Q: Hi my name is jorge i would like to know if i paid a prob i violated would still put me in jail

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Michael Fayard
Michael Fayard answered on May 20, 2020

Jorge:

That's a terrible situation to be in. And I'm sorry they had you pay all of that money just to be told that you have to appear before a judge. In any event, you will probably get a better answer if you post the question in the "PA" law forum instead of Florida....
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4 Answers | Asked in Personal Injury for Florida on
Q: fell off a roof working for a company two years ago And suffered multiple injuries to his Feet legs and back.

The fall off the roof was caused by equipment Failure, The harness he was in broke and didn’t stop him from falling off the roof. Also had to be life flighted to Shands hospital

Michael Fayard
Michael Fayard answered on Apr 29, 2020

That sounds like a terrible situation. But, as far as this post is concerned, you have not asked a question or provided enough information to get any useful response.

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1 Answer | Asked in Criminal Law for Florida on
Q: I was sentenced to 70 months with credit of 60 that I did but they are making me do my gain time for the 60 again and I

I want to know why I have to do my gain time again after the judge said credit for 60 months I’m a green case I was only supposed to be doing 10 months

Michael Fayard
Michael Fayard answered on Apr 5, 2020

Unfortunately, we need a lot more details to properly discuss this issue with you.

Generally, a lawyer can file a motion to correct sentence to get the proper sentence if an order was entered incorrectly.

You should contact your lawyer to address this issue and see what can be done.

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... 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? Are they getting released?

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...
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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... 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... 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... 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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