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Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More
answered on Feb 22, 2024
Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More
answered on Feb 22, 2024
Clerk's offices use that number system to file judgments and other documents so they (and the public) can locate them. If you want to see it or get a copy, most Clerk's offices have an online portal. If not, you will have to go to their office.
Other parent who happens to be the abuser?
answered on Feb 21, 2024
If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More
Searched vechile without asking and no probable cause
answered on Apr 6, 2024
An inventory search of your car incident to an arrest is permissible without a warrant or your permission.
I own a black powder gun and would like to go into a shooting range?
answered on Oct 7, 2023
It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).
answered on Sep 5, 2023
Statistics show in any area of law, the number of cases that are tried are minimal. It is possibly only one percent.
ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE
THIS CAUSE, having come on to be heard on the Surety, XXXXX, Motion to Set Aside and the Bond Estreature and the Court having considered the circumstances, the agrcement of the parties, and being otherwise advised in the premises, it is... View More
answered on Aug 23, 2023
Minor typographical mistakes aside, this Order is fairly standard and simply means that the surety (bail bondsperson) is no longer responsible to pay the Clerk the bail amount. Either the Defendant was surrendered or the Court vacated the estreature for other reasons.
Arrested on a felony battery charge, bond was set but was recommended defendant remain in County custody until case is resolved. We are working to get charges dismissed. There is an ICE hold, defendant only recently submitted asylum paperwork prior to arrest. Will ICE still detain defendant if he... View More
answered on Aug 7, 2023
Possibly. Whether ICE will detain depends on his immigration status, the reason for the ICE hold, and the specific circumstances of the case. It's essential to consult with an immigration attorney to understand the situation better and get accurate advice. You don't need a conviction to... View More
I know what the discovery is but what is the purpose of demand for reciprocal discovery
answered on Jul 25, 2023
Rule 3.220 of the Florida Rules of Criminal Procedure outlines each side's obligations to disclose things pertaining to the case. Discovery obligations are different for each party and have various time limits associated with those obligations. A defense filing of a Notice of Intent to... View More
answered on Jul 19, 2023
A judge can reverse a guilty verdict where the prosecution failed to affirmatively link the accused defendant directly to the crime charged or the facts as proved do not establish guilt. A judge cannot overturn a not guilty verdict.
answered on Jul 5, 2023
I agree with Mr. Mawn. You must meet certain financial criteria to have the PD appointed. Otherwise, you'll need to retain a private lawyer. Legal Aid societies do not offer free services in criminal cases.
A felon, was arrested Nov 2022 with the same last name as me, and it looks like the deputy doing the paperwork mistakenly used my SSN when intaking the suspect. When a background check in done with my SSN, it shows I have a felony record. I spoke with the sheriff's office over the phone, and... View More
answered on Jun 23, 2023
No, you’re not “entitled to anything” for this. If your identity has been compromised, you have resources at your disposal to deter further use of it.
I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More
answered on Jun 20, 2023
Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More
answered on Jun 15, 2023
"Fraudulent Activities" is a very broad term and could be either a felony or a misdemeanor. I have no idea what the case number you provided refers to, or the court involved. It's impossible for any attorney here to guess. I suggest you contact the Clerk of Court in the county where... View More
Not to mention they came on to our property which is private property
answered on Jun 15, 2023
Every case is fact-specific and you haven't provided enough detail for any lawyer to offer general suggestions. "I was on private property" arguments are rarely successful.
I have been charged with disorderly conduct involving a close friend who did not pursue additional charges. My court date is scheduled on June 19th, 2023. The friend was instigating myself along with 3 other friends that included his girlfriend which they have had a previous domestic dispute. I... View More
answered on Jun 7, 2023
Advice on how to handle the court appearance should come from an attorney you retain. You friend doesn't have the authority to pursue or not pursue a disorderly conduct charge, as criminal charges are prosecuted by the State and can be proven whether or not your friend wishes to testify.
the other is in Georgia, in what jurisdiction should the complaint be filed?
answered on May 23, 2023
The decision where the criminal complaint is filed is made by the respective prosecutors based on the facts of the case and the laws of each jurisdiction. Generally, cases are filed where the crime (s) occurred or where the subject of the property crime exists. It's also possible to have... View More
Property. Again, no Miranda Rights read to me while I'm being taken to jail. All my charges was dismissed. So, I still don't have a case?
answered on May 22, 2023
If all your charges were dismissed what is your question?
answered on May 10, 2023
The “ …” is needed to be certain. Bondsman may have to appear before a Judge to testify about sources of funds for collateral in serious drug cases. Sometimes they have to report to a judge about whether they are willing to continue writing the bond in cases where the defendant has picked up... View More
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
answered on May 18, 2023
You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... View More
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