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Questions Answered by Nicholas J. Dorsten
3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must appeal my criminal case ASAP. Whats my very first step, pre-attorney?
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Oct 24, 2019

You need to put in a notice of appeal as soon as possible. There is a very limited amount of time to do so. In addition to the notice of appeal, there are multiple other motions/orders you may need to file with the state including court reporter designations, motions for costs, etc.... Read more »

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2 Answers | Asked in Personal Injury for Florida on
Q: I asked a question 2 days ago and have not received an answer. Do lawyers actually respond to questions?
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Apr 4, 2019

Yes, we lawyers try to answer questions when we can. Sometimes we cannot if you are looking for legal advice and you have retained counsel. Other times we can’t answer a question if it is not clear. Try asking your question again and good luck!

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2 Answers | Asked in DUI / DWI for Florida on
Q: I got a letter in the mail 30 days ago to be A Habitual offender i hired a lawyer how many days doSe it take for a respo

From the judge

Nicholas J. Dorsten
Nicholas J. Dorsten answered on Nov 28, 2018

The lawyer you hired will be in the best position to answer this question.

Good luck

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2 Answers | Asked in DUI / DWI for Florida on
Q: first time DUI in FL. Went through the hardship process, drive now. Will I lose that for 12 months. Plus medical cause

So, essentially, I will lose driving benefits for an entire year?

Breathelizer was high, but I have multiple G/I problems. During my 20 minute resting/observation period I was allowed to lie on my back. Between the acid re flux issues, bleeding ulcers, and Esophageal varices... Read more »

Nicholas J. Dorsten
Nicholas J. Dorsten answered on Oct 12, 2018

Was this a first time above a .15 or below? A first time DUI consists of a 6-12 month license suspension. If you otherwise qualify, you should be eligible for a hardship license for the majority of the suspension period. Speak with your lawyer for more information.

Good luck,

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3 Answers | Asked in Criminal Law for Florida on
Q: What happens at a Judge's Pre-Trial Hearing
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Oct 3, 2018

A pre-trial is exactly what it sounds like, a court hearing done before setting a case for trial. This allows the Judge to keep tabs on his/her docket and gives the state/defense a chance to either work out a deal for a plea, set a motion or if needed, set the case for trial.

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: When vice uses a confidential informant to utilize a controlled buy

Does the video of the buy have to show the defendant handing the drugs in question over to the CI or can the CI get away with stating the drugs came from the defendant. The CI that was used for the controlled buy had access to the residence plus he stated during his deposition that he has staged... Read more »

Nicholas J. Dorsten
Nicholas J. Dorsten answered on Oct 1, 2018

There is no law that I am aware of that states a CI must be on video buying/selling drugs with the suspect. It is not uncommon for the police to search the CI before and after the buy and rely on their statements. That being said, this opens up possible defenses and credibility issues with the... Read more »

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

You can be charged at a later time with resisting or obstruction.

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1 Answer | Asked in Criminal Law for Florida on
Q: Can I contact my felony case State Attorney and ask to drop charges, and submit documentation supporting my plea?

My father in law was drunk and became combative, pushed me, i pushed him back, swung at me, at pushed him back, tried to choke me, i pushed him back, he tripped and fell backwards hit head against concrete column causing a big laceration. I was arrested, he is not pressing charges and is providing... Read more »

Nicholas J. Dorsten
Nicholas J. Dorsten answered on Aug 10, 2018

Your lawyer on your behalf can contact the state attorney and present any mitigating evidence. You should NEVER contact the state as a defendant and the state attorney may choose not to speak to you.

1 Answer | Asked in Criminal Law for Florida on
Q: If orders by the court say i may buy out community service hrs. Where can these be paid without paying on supervision
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Aug 9, 2018

While it varies, most of the time you can pay it through the court clerk or your probation officer.

2 Answers | Asked in Criminal Law for Florida on
Q: What is the purpose of a hearing before the trial date ( which is set )?
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Aug 1, 2018

If a trial is already set, many times a judge will set a pretrial or such shortly before the trial date. The purpose of that may include making sure both sides are ready, all witnesses are available on the trial date and maybe even agreeing on any motions in limine.

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2 Answers | Asked in Criminal Law for Florida on
Q: My fiance was accused of auto theft from Indiana but was arrested in ft Lauderdale and served time in ft Lauderdale
Nicholas J. Dorsten
Nicholas J. Dorsten answered on Jul 31, 2018

What is your question? If the charge happened in Indiana, he may be extradited from Florida back up north to face the allegations. That said, any time in custody here should count towards the Indiana case.

Good luck

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1 Answer | Asked in Criminal Law for Florida on
Q: If there's a family dispute in which you were charged with aggravated battery w/ deadly weapon, does weapon needs DNA.

Testing?

Nicholas J. Dorsten
Nicholas J. Dorsten answered on Jul 30, 2018

Not necessarily but failure for the state to do so may enable your lawyer an opening to attack the case. Additionally, if there were credible witnesses that saw the alleged attack with the weapon, the State may not test for DNA.

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