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Questions Answered by Michael Mayoral
1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I requested an Officer to press charges for my stepson kicking me in the back and vandalizing my home with a sharpie.

However, the officer said I did not adopt him and he is allowed to throw things around the house. I am trying to get a hold of a supervisor and I was told to call back when he is back from vacation. Please Advise. I feel strongly the police are bias and not doing there job. Also, my wife is trying... Read more »

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

So, it is definitely not the law that someone is allowed to kick you in the back and vandalize your house just because you didn't adopt him. The crime for vandalizing is called "Criminal Mischief," governed by Florida Statute 806.13. The crime for kicking you in the back is called... Read more »

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Is it possible to get a probation curfew violation dismissed by having video evidence of me being home?

I'm currently waiting for video footage from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court... Read more »

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

Yes, that is certainly possible based on what is essentially alibi evidence. Get in contact with an attorney to represent you on the VOP and discuss this with them.

1 Answer | Asked in Criminal Law for Florida on
Q: violated prob in diff county w/ same charge bonded out in dif county and reported to prob officer now i have a warrant

What is going to happen ?should i get a lawyer ?should i turn myself in ?will i be reinstated probation with no jail time ?

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

You almost certainly have a new affidavit of violation of probation and warrant pertaining to the case in which you are on probation. It is a good thing that you reported. You should hire an attorney to represent you on the new VOP, as well as the new case, and/or get in contact with the local... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How do I report suspected juror involvement in a criminal case in Santa Rosa County, Florida?

This juror worked for both Escambia and Santa Rosa County Sheriff's department and I feel as if there was no way to have gotten an unbiased decision from them.

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

One option is to get in contact with the defendant's attorney on those criminal cases and let them know what you know.

1 Answer | Asked in Criminal Law for Florida on
Q: So my probation expired on the 18th of this month I still had a couple things to get done what will happen

Have not violated probation at all the full 2 years have been on just ran out of time

Michael  Mayoral
Michael Mayoral answered on Sep 27, 2021

Your probation officer likely filed an affidavit of violation of probation sometime in the month before you were set to terminate probation. Look up your case on the county clerk's website, look at the docket, and check if a VOP affidavit was filed. If they failed to file the affidavit, you... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Im getting charged with resisting officer without violence from 2 months ago was wondering what i was looking at
Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Resisting Without Violence is a first degree misdemeanor. That means the potential penalty is up to 1 year in jail or 12 months probation. These cases are hard to prove depending on what you are accused of and what county you are in. It all depends on the facts of your case. If it is your first... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can my criminal background stop me from getting a job at Dollar General as a cashier

I'm a 34 year-old African American, living in Pensacola FL. I recently applied for a job as a cashier at Dollar General. They were in desperate need of employees, even holding open interviews. I hit if off with the manager right away, and the interview was a complete success. She... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Unfortunately, they are allowed to choose not to hire you based on your background. I wish you the best of luck. Keep trying, you're doing the right thing.

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2 Answers | Asked in Car Accidents for Florida on
Q: Being sued for a car accident involving an employee. Forwarded summons to insurance but they have not responded.

Insurance responded and turned it over to their attorney. But at this point I don't know what is going on as they aren't communicating.

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Call your insurance company and notify them about the incident. You don't want to wait for them to receive the summons and/or respond. Get someone on the phone.

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2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... Read more »

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Hello there. If you (1) have been arrested or are charged with a crime and (2) cannot afford an attorney, an attorney will be appointed to you. How this typically works is that you will go to your first hearing on the case, which is usually your "arraignment." The arraignment is a hearing... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: can i hire an attorney for the arraignment only
Michael  Mayoral
Michael Mayoral answered on Jul 14, 2021

Generally, it depends on the attorney. I personally let people hire me for pre-arraignment representation (including the hearing), but every attorney is different. I would personally hire someone for the pre-arraignment phase, because a lot of times they can negotiate reduced charges or a complete... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ask HOW can I obtain my jury instructions ? and WHAT does "Dummy Information provided to the jury mean
Michael  Mayoral
Michael Mayoral answered on Jul 14, 2021

If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: im on probation until 2025 how can i get early termination
Michael  Mayoral
Michael Mayoral answered on Jun 19, 2021

Generally speaking, it is up to the court (the judge) to grant early termination. Usually, they want you to complete all of your conditions of probation, pay off all fines and restitution, not pick up any law offenses, and complete half of the probationary term (if its 4 years of probation, they... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: when can, and cannot, a bouncer physically touch you?

recently, at a bar, I was randomly accosted by a drunk patron whom I didn't know. the bouncer quickly intervened and asked us both to leave. rather than argue, I complied and began walking towards the entrance. right as I was in the doorway, the bouncer suddenly grabbed me by the shoulders and... Read more »

Michael  Mayoral
Michael Mayoral answered on Jun 17, 2021

What you described is a crime against you (a misdemeanor battery at least) and you also potentially have a civil claim for monetary damages for the civil causes of action of negligent security, negligent training, and negligent supervision against the establishment, as well as a civil claim for... Read more »

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1 Answer | Asked in Products Liability and Wrongful Death for Florida on
Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

Michael  Mayoral
Michael Mayoral answered on Apr 7, 2021

This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If I showed up for jury duty since 8am and it's 12pm now can I just go home?
Michael  Mayoral
Michael Mayoral answered on Mar 8, 2021

No, you can’t just go home. Continue to enjoy the standard waiting room Sandra Bullock movie.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can requests be made to obtain video footage of arrest?

In my brother’s police report it states air support obtained video footage. The video footage was uploaded to the Foray system. Can requests be made to obtain the video footage? If so, who can request for it and how? Can police body cam video be obtained? How can we request this? He is currently... Read more »

Michael  Mayoral
Michael Mayoral answered on Mar 4, 2021

Generally yes, but you have to act quickly. I have done these types of requests quite a bit. You need his lawyer, if he has one, to (1) demand those materials in discovery from the state attorney's office immediately, (2) file a Ch. 119 Sunshine Law public records request for those materials,... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If I was asked if i wanted contact with the person who hurt me & i said no, can they just come get their stuff?

Stepdaughter (18) got arrested for battery-bodily harm- domestic. it was on me, before she went into the first court to set a date, i was asked over the phone if i wanted contact with her. I said no, i'm trying to figure out how to get an order of protection but can she just drop by my house... Read more »

Michael  Mayoral
Michael Mayoral answered on Feb 15, 2021

First, if you were the victim of domestic violence in Florida, then the court should have issued a "stay away order" immediately after the arrest, which generally means that the defendant can't contact you by any means or be within 500 feet of you. The court will usually allow the... Read more »

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