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Questions Answered by Michael Mayoral
1 Answer | Asked in Criminal Law for Florida on
Q: Can they hold you in state prison for less then one year
Michael  Mayoral
Michael Mayoral
answered on Nov 29, 2021

Generally speaking, yes. For instance, if you serve 11 months waiting for trial, get convicted at month 11, and then are sentenced to 18 months in state prison: your total sentence would be 18 months, but you would have already served 11 months in county, therefore you should serve at most 9 more... View More

2 Answers | Asked in Criminal Law and Employment Discrimination for Florida on
Q: Does a misdemeanor marijuana offense when I was 17 show up to law schools or the BAR association in Florida?

This offense was expunged through a diversion program and I checked the FDLE for any criminal history and it returned no criminal history.

Michael  Mayoral
Michael Mayoral
answered on Nov 29, 2021

You are going to have to disclose the case to the Florida Bar and likely law schools (depending on what the application says), even if it was sealed and expunged. The good news is that there are a ton of lawyers with misdemeanor convictions who get accepted and accepted to the bar. The key thing to... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI property damage, FL. No prior criminal history or traffic offenses. Refused to blow. How likely is dui conviction?
Michael  Mayoral
Michael Mayoral
answered on Nov 24, 2021

That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: I used pepper spray on someone in self defense. That person turned around and is claiming they need a restraining order

After I pepper sprayed them in self defense to get a loved one out of the area they came looking for us and ended up throwing a brick through the car windshield. I called the police filed a report and also have an upcoming case with them for the damage to the car. Now they have turned around and... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 23, 2021

Hire an attorney to represent you at the hearing on the restraining order (injunction) and provide them with all relevant evidence to present to the court. If they petitioned for an injunction, you will likely be served with a temporary injunction that provides a hearing date for the permanent... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: What do I do if someone took my car and sold it to someone else without the title
Michael  Mayoral
Michael Mayoral
answered on Nov 23, 2021

If someone took your property without permission with the intent to deprive you of the property, that is pretty much the legal definition of theft. You may be able to file a criminal complaint against them with your local law enforcement office. Alternatively, you could possible sue them for... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Florida on
Q: I live in Florida. The sister-in-law of a guy I met not long ago, is a pharmacist at Walgreens. She went into my

medical history without reason or permission and told other people what was in it. I have never actually met her and have never been to that Walgreens. I wanted to know what course of action I could take, the specific laws she's breaking and what the penalty would be. I would also like to know... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 23, 2021

It sounds like your medical privacy rights may have been violated. You can make a complaint with Walgreens for the HIPAA violation. 45 C.F.R. § 164.530(d) requires that covered entities have procedures in place for individuals to complain about an entity’s compliance with its privacy policies... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: I would like information on how I would pursue a complaint or medical malpractice against a doctor.

I had Achilles’ tendon surgery two years ago and had to have it redone by another surgeon this past summer.

The first surgery was done incorrectly. I was advised by his nurse that “ he hasn’t done this kind of surgery in years.

Also I ended having a infection on the surgery... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 23, 2021

This isn't the type of claim that you can pursue yourself. You need to get in contact with a medical malpractice attorney in your area who handles cases on behalf of plaintiffs (parties who are suing as opposed to doctors who are being sued). One thing that may be an issue for you is that in... View More

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: I was picked up for a vop warrant out of Baker County and released now they are trying to record me for the same thing

I signed waiver of extradition they never came and got me and I was released

Michael  Mayoral
Michael Mayoral
answered on Nov 22, 2021

Whether or not the county where your VOP is decided to pick you up and extradite you does not change the status of your VOP. You should immediately consult with a criminal defense attorney in your area to try and resolve the VOP.

2 Answers | Asked in Personal Injury and Small Claims for Florida on
Q: My hair damaged and fell out from johnson and johnson
Michael  Mayoral
Michael Mayoral
answered on Nov 22, 2021

You may have a claim, the type of case would be called "product liability." You should consult with a product liability attorney in your area.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I tested positive for alcohol n I have n open DCF case can they take my children away again

I havent tested positive at all for anything since January of 2021.

Michael  Mayoral
Michael Mayoral
answered on Nov 19, 2021

The answer to this depends on the case history and a number of different factors. You should consult and retain a family law attorney in your area.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted if I payed my rent on time, but the complex gave me a letter saying I didn't?

I payed my rent on the first. The money was taken out of my account and I received a letter saying I didn't pay. I've called them and emailed them and nothing. It's been a week and about 2 days ago I received a reply saying they are looking into it.

Michael  Mayoral
Michael Mayoral
answered on Nov 18, 2021

Generally speaking, your landlord should not be able to legally evict you for non-payment of rent if you indeed paid rent on time. Maintain your records and contact a local landlord-tenant attorney if the situation escalates.

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: As a respondent, what is the cost to file a motion to dismiss a temporary order of protection in Missouri

I am in Florida & epo was filed in Missouri

Michael  Mayoral
Michael Mayoral
answered on Nov 18, 2021

Contact an attorney in the county where the EPO was filed who deals with domestic violence cases. The cost depends on what that attorney will charge. It depends on the facts of the case and it is difficult to give a direct answer on this.

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1 Answer | Asked in Criminal Law and Banking for Florida on
Q: Can you get criminally charged if you accidentally spent $15 of your ex's card?

My friend had a nasty breakup with this guy. He purchased something on a mobile app without realizing it was on his ex's card. He tried to pay him back via Venmo but was blocked by the ex. He is now threatening to press charges and is going psycho about it.

Is there any chance that he... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 15, 2021

He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: As a landlord can I cancel a lease before it starts? Tenants are late on rent for current lease.

Tenant hasn’t paid October rent yet and their new lease starts December 15th.

Michael  Mayoral
Michael Mayoral
answered on Nov 15, 2021

It really depends on what the lease says and what the parties have specifically agreed to in writing. Your situation is somewhat unique and you should consult with a landlord-tenant lawyer (in the jurisdiction where the property is) to go over the lease agreements and give you your options.

2 Answers | Asked in Products Liability for Florida on
Q: Question about limiting liability for an Ecom product.

We have a product that we would like dropship from a supplier here in the US. The product is a 20ft aluminum flagpole kit. The question is, are we going to be liable for any damages incurred from the use of the product? If so, what would be the best way or ways to protect ourselves? We're... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 15, 2021

Generally speaking, you need to develop legally adequate warnings labels. What is "legally adequate" depends on what the product is, what is its intended and/or foreseeable use, and who is its intended and/or foreseeable user. In order to develop legally adequate warning labels, you need... View More

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1 Answer | Asked in Divorce for Florida on
Q: married for 5 years - now divorcing.

married for 5 years - now divorcing. She is on the mortgage alone we are BOTH on the deed. so now she just wants me off the deed, however I don't think so. she will keep the house Ill leave , but do I get something from the house?

Michael  Mayoral
Michael Mayoral
answered on Nov 12, 2021

Consult a family law/divorce attorney before you sign absolutely anything. Pay for the attorney if you need to. The home is likely considered marital property (50% of it is likely yours, generally speaking).

1 Answer | Asked in Civil Rights for Florida on
Q: Can I file multiple civil law suites in one complaint ? Can I sue individuals involved in same suite?
Michael  Mayoral
Michael Mayoral
answered on Nov 12, 2021

Consult an attorney because it depends on the facts of your case/dispute, but generally speaking, yes.

Florida Rule of Civil Procedure Rule 1.210 - PARTIES, states as follows:

(a) Parties Generally.

...

All persons having an interest in the subject of the action...
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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I was given a court appointed lawyer then decided to hire my own lawyer. lawyer quit the case.can I get another lawyer ?

Can I be given another court appointed lawyer?

Michael  Mayoral
Michael Mayoral
answered on Nov 11, 2021

You can apply for a court appointed lawyer and if you meet the requirements for one the court should appoint another court appointed lawyer. You can call the local clerks office or the judge's judicial assistant and ask them what their procedure for this is.

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2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: Hello, I have a question another contracts

A couple years ago I adopted a dog from a breeder. She came highly recommended and seemed to be great but we received news this morning that she has been arrested for neglect and forging medical documents. The problem is she had us sign a contract before we took our dog and it basically outlined... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 10, 2021

She would have to sue you to enforce the contract, which would cost her a significant amount of money, and it sounds like she has her own legal problems to take care of. In other words, I wouldn't be very worried about that occurring. It is difficult to say anything about the enforceability of... View More

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2 Answers | Asked in Domestic Violence for Florida on
Q: What is my best course of action to help my partners charges get dropped in domestic battery case?

I'm trying to figure out what my best course of action is to get my partners charges dropped. She was arrested and charged with domestic battery, it was mutual combat and I told them I didn't want to press charges at time of the arrest. I need to know if it would be best for her if I just... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 10, 2021

It is tough to say. Different jurisdictions treat witnesses who want DV charges dropped differently. It is best to consult with an attorney, possibly her attorney, over the phone about this.

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