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Questions Answered by Kevin John Mawn
1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Elder Law for Florida on
Q: Who can help me prove that a surveillance camera tape for evidence has been altered?
Kevin John Mawn
Kevin John Mawn
answered on Sep 11, 2018

A forensic scientist.

2 Answers | Asked in Criminal Law for Florida on
Q: If i am in a non court ordered treatment facility for drug addiction can i be arrested at the facility on a vop warrant?
Kevin John Mawn
Kevin John Mawn
answered on Sep 11, 2018

Yes. Does the probation officer know you are living there? Remember, you can not change your residence without permission.

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2 Answers | Asked in Criminal Law for Florida on
Q: What's a motion to compel a more adequate discovery? What does it mean when the order for that motion has been granted?

Someone with a grudge against me attempted to stab me a few months back. I was able to get away, but my backpack was ripped from his lunge and attempt. I turned around and video recorded him with his shirt off swearing at me and with the blade in his hand and filed a police report. Charges were... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 11, 2018

Please contact the assistant State attorney assigned to your case. The defendant is simply seeking access to the police reports and physical evidence; it is a standard request.

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2 Answers | Asked in Criminal Law for Florida on
Q: I got charged with loitering and prowling, attempt to solicite and possesion of a perscribed pill just 1

And the loitering and prowling and the attempt to solicite both got dropped and i have the pill charge left i have 3 option probariin 18 months, drug court for 12 months or i file for a motion of suppress give me advice please

Kevin John Mawn
Kevin John Mawn
answered on Sep 10, 2018

A motion to suppress is an all or nothing proposition. It is difficult to suggest this path without knowing the facts. Drug court guarantees the charge will be dropped and is certainly less time on supervision than the plea for 18 months. Some believe a bird in the hand is worth two in the bush.... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for Florida on
Q: My attorney told the detective that "my clients aren't always truthful" when fishing for info. Is that an IAC claim?

Upon agreeing to be my counsel, he called the detective investigating me in an alleged criminal matter, to see what the investigation was about. The detective told him to talk to me. He (the attorney) then said his clients aren't always truthful with him. Could this be considered an example of... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 8, 2018

I don’t see this as IAC claim unless the attorney divulged confidential information. Saying Client’s in general don’t tell the truth doesn’t necessarily mean you won’t tell the truth. Secondly, it sounds as if your lawyer was just trying to defuse the officer’s request to speak to you.... View More

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1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Florida on
Q: The landlord stole my dog. I'm not sure if he left him stranded somewhere or sold him. Do I need concrete evidence that

He took my dog. I had left my dog in the room locked with food and water. And when I returned the latch to the front door of the house was taken off and the door to the room where my dog was at was unlocked. Is that enough proof? There's no one else who has keys to the house. And the landlord... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 7, 2018

If you believe a crime has occurred, you should contact the police and report the theft. However, in a criminal case, the State must prove guilt beyond a reasonable doubt. The State may not be able to meet the burden of proof with these facts.

3 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 6, 2018

If you feel the charge is unjustified, you will need the assistance of a lawyer to correct or expunge your criminal history. Assuming you were never given a notice to appear for battery, this could be the case of identity fraud.

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2 Answers | Asked in Criminal Law for Florida on
Q: What are my chances of being kicked out of a diversion program in Palm Beach County, FL?

I was charged with trespassing in Palm Beach county, Florida with no priors. I was offered a diversion program. I have had to meet with a Probation officer monthly, (I'm not on probation though). I'm Physically disabled (Social Security Disability SSD).I told the officer that I have to... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 6, 2018

Unfortunately, the court has no input in this matter as diversion is between you and the State of Florida. Your recourse is to enter a plea, set the case for trial or convince the State this was a medical issue.

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2 Answers | Asked in Criminal Law for Florida on
Q: I am in florida. I have 3 grand thefts and one fraud and plead no contest. Can i expunge
Kevin John Mawn
Kevin John Mawn
answered on Sep 5, 2018

The answer to your question depends on the facts of your case. You can only expunge a crime if the state drops the charges; otherwise, you must seal the record then wait 10 years to expunge. Did these crimes arise out of the same transaction or were they different events? You can only expunge... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Hello I have a felony from 20+ years ago in Fl and relocating to NY. I wanted to know what is the 7 year rule?

Also do most employers do a level I or level

II search, lastly would they go 7 or 10 years back or just a wide open search?

Kevin John Mawn
Kevin John Mawn
answered on Sep 4, 2018

I'm not familiar with the "7-year rule." If you are trying to restore your civil rights in Florida, seeking Clemency, perhaps you are referring to the waiting periods. In any event, there is no way to predict what type of background check an employer will perform. If I were... View More

3 Answers | Asked in Criminal Law for Florida on
Q: Can I be charged with resisting without violence if I was never arrested
Kevin John Mawn
Kevin John Mawn
answered on Sep 4, 2018

Yes. The same statute criminalizes behavior if you obstruct an officer, oppose an officer or resist an arrest.

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: Can I use a fake name for someone to write me from prison and receive it in my po box?
Kevin John Mawn
Kevin John Mawn
answered on Sep 3, 2018

If you are having to use a fake name, then you are obviously trying to deceive someone. That alone should answer your question. Breaking rules is never a good choice.

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2 Answers | Asked in Criminal Law for Florida on
Q: I was given a notice to appear for a misdemeanor of possession of alcohol by an underage, but also a number for PTI

I was given a number to call for a PTI program and was told I was probably going to be accepted because I have no tickets or anything. I know this is a good option for me I’m just wondering what the whole process is and how much money it will be. I live in Tallahassee, FL and I’m 19 years old.... View More

Kevin John Mawn
Kevin John Mawn
answered on Sep 3, 2018

The program offers you an opportunity to have all charges dropped. It will require community service hours, classes, alcohol testing, an admission of guilt and fees. You should take advantage of this opportunity especially if you are guilty of the charge.

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1 Answer | Asked in Criminal Law for Florida on
Q: Can a person be criminally charged for signing another person's signature on a State of Florida Community Service Hours

The person was given permission by the individual whose signature was used. If charged, would it be a felony or misdemeanor?

Kevin John Mawn
Kevin John Mawn
answered on Sep 2, 2018

I would need more facts to help you. Assuming the document is filed with the Clerk of Court, forged documents can become a felony. Whose signature was forged? If permission to sign the document is given, that is a defense. However, why would there be an issue if permission was given to sign the... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: Can I defend my DUI charge because the police officer's breathalyzer malfunctioned? How can I prove that?
Kevin John Mawn
Kevin John Mawn
answered on Aug 30, 2018

A dui may be proven by an unlawful blood alcohol level or by impairment of your normal faculties. Since the breath test malfunctioned, assuming no result, you can argue the state deprived the jury of exculpatory evidence. If there is a breath result greater than the legal limit, you may need to... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Domestic dispute /State pressed charges. Questions?

If there was a domestic dispute and a third party showed up and called the cops, they arrested one of the parties involved in the fight and pressed charges. Even though the victim didn't want charges pressed. Can the charges get dropped? Or lowered to a misdemeanor?

Kevin John Mawn
Kevin John Mawn
answered on Aug 30, 2018

A victim's input is always taken into consideration by the State of Florida; however, the victim's wishes do not control if the State wishes to proceed to trial. A battery is typically a first degree misdemeanor. If the charge is filed as a felony, then there is serious bodily injury,... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: I got pulled over in front of my house on a atv what will happen for no motor vehicle registration
Kevin John Mawn
Kevin John Mawn
answered on Aug 28, 2018

Your sentence will depend on your traffic record/criminal history. Assuming no record, you will probably receive a fine and court costs.

1 Answer | Asked in Criminal Law for Florida on
Q: What does code 999999-0000 mean for an inmate
Kevin John Mawn
Kevin John Mawn
answered on Aug 26, 2018

You should contact the correctional institution that is holding the inmate. The code has no legal significance.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Hypothetically speaking if I gave an officer consent to search my home only and what they found was outside the area

I consented to search inside tucked away in my car; would anything the police grab outside the area consented to search be illegal.

Kevin John Mawn
Kevin John Mawn
answered on Aug 25, 2018

A search can not exceed the scope of permission; however, if the item is in plain view while conducting the search, then the discovered item is legally obtained.

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