Police often mistakenly check the “not eligible” box on DUI citations, most often due to ignorance of eligibility requirements. However, a second DUI arrest, or current suspensions may make a driver ineligible. The local DHSMV office will identify eligibility. Contact them or have an attorney...Read more »
There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.
I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?
Mr. Mawn is correct. Just being arrested is a violation. Once your PO finds out about it, a warrant should be issued which may require you to surrender. You might have to sit in jail until either a bond is set or until the probation hearing date. Get yourself to an attorney’s office ASAP.
A DUI stop may be determined "illegal" by a judge, but that simply means that any evidence obtained by law enforcement as a result of the "illegal" stop is inadmissible in court. The best you can hope for then is a dismissal of the case. Government agents have sovereign immunity...Read more »
My husband was charged with misdemeanor shoplifting, making this the second charge of the same category. The judge upgraded it to a felony habitual. The public defender is saying the grand theft auto felony charge counts towards that. How can that be? Don't they have to be 3 of the SAME... Read more »
The process to receive a response for the Certificate is 12 weeks. I submitted it a month ago. Now waiting 8 weeks for a response. If approved for Certificate, in turn I would submit the Certificate of Eligibility to the Court for the case to be sealed from the Public. I am currently seeking full... Read more »
The Florida expungement laws and FDLE procedures are very specific. If you're trying to expunge the arrest, you may have missed a step in the process (or you omitted it in your description). It often takes longer than 12 weeks for a return from FDLE. They were moving a bit faster during the...Read more »
House arrest is a gift from the court. You might be able to convince the judge to convert your HA into additional probation and permit you to travel (and be electronically supervised) if you have a GREAT lawyer. I don't know the specific history of your case, but they don't hand house...Read more »
I received a DUI 7 years ago. I got sober and went to school and am now in a special monitoring group called Professionals Resource Networking in order to hold a DOH license to work because of my past. I want to get my hardship license but cannot afford or have the time to do two substance... Read more »
No. That motion is normally filed by the bail bonding agent to recover the bond after a failure to appear by the defendant. There’s probably a warrant. Depending on the practices of the jurisdiction, the bond might be reinstated with a new agreement between the bail agent and the defendant, with...Read more »
I have a family member in jail & is being held responsible for some serious charges that he did not commit but the man he worked under did. They were both charged w my family member being under the owner of the business. Now the owner of the business is the "star witness" against him.... Read more »
Ethically, the former attorney has to turn over the "file" to the new attorney. He doesn't have to turn over documents or papers considered his own "work product". The attorney can charge reasonable fees for copying and labor. Depositions, recordings, photos, investigator...Read more »
It's not for you or me to determine what a fair sentence is. That's up to the judge. If the sentence was within the legal guidelines, then the sentence will likely stand. The judge has access to the facts of the case and makes the ruling. There are appellate remedies for mistakes in...Read more »
In 1990 I try to enter us with counterfeit passport. But I was arrested during 2 month court hearing I was in jail after 2 court want to release with 3 years probation and I request to court I would like to go back my home country. court grant me permission and I went back my home country.... Read more »
Depending on where the case occurred, and the amount of damage, you may be able to resolve it without a physical court appearance. Contact a criminal defense attorney located in the area where the case took place and discuss the options available. Good Luck.
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