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Questions Answered by Michael Fayard
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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