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 
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
the other is in Georgia, in what jurisdiction should the complaint be filed?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023
Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court... View More
Receiving 10 years first offense Could this be considered Coercion?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2023
It is almost always legal for police to lie during interrogations. Police have long been prohibited from using physical force during interrogations, but they are still allowed to use a variety of powerful psychological ploys to extract confessions from people. Allowing the police to lie to suspects... View More
How can a past felony be reduced to a misdemeanor status in Florida through legal means?
In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
Sealing your record won't help you when applying for certification in the "Compact". The case will come up in a level II background check AND you must disclose the arrest, regardless of the withhold or a sealing. The time limit has passed to vacate the plea. However, a lawyer would... View More
I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023
I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2023
Commencing the prosecution in a criminal case means that the legal process of pursuing criminal charges against a person or entity has been initiated.
It involves filing a formal criminal complaint or indictment, which outlines the specific charges and accusations against the defendant, and... View More
In the motion of discovery. And failed to submit half of them. Due to there being a lack of evidence now, can we ask for a motion to dismiss based on lack of evidence to convict
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023
Your attorney is the best person to answer this for you, since he/she has a full knowledge of the facts. A Sworn Motion to Dismiss is the pretrial effort to toss the case. That motion lays out what the undisputed material facts are (as established by the evidence) and argues that the facts do not... View More
To produce factual evidence. How long can they leave a person in jail without factual based evidence. what is the statue of limitations to convict
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023
The State has 21 days from the date of arrest to file a charging document. They can ask for another more time, if they are not ready on the 21st day. If they don't have charges filed by the 40th day, the Defendant should be released ROR.
The statute of limitations to file on a felony... View More
Is there a statue of limitations?
If so, how long?
Also, is there a statue pretaining to how long these cases can be continued in Florida court system without being settled?
-GRAND THEFT (OVER $20,000)
-FTA/GRAND THEFT (OVER $20,000)
-BURGLARY OF CONVEYANCE
FTA/BURGLARY OF CONVEYANCE
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2023
Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15. As a result, a prosecution for Grand Theft can be brought up to five... View More
I asked the head P.O. & she said she didnt know.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023
You will not be able to change your name if you have been convicted of a felony, which you have not. However, any violation of your probation could result in conviction, thus making you ineligible. The name change process requires fingerprinting and background check — legal name change is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023
Testimonial statements by witnesses who are not subject to cross- examination at trial may not be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision... View More
What exactly does this mean
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023
Probably you didn't pay the restitution owed and the judge converted this debt into a civil judgment. That judgment will be filed in civil court and the victim can seek to enforce that judgment. The Court also has jurisdiction over the judgment and it will stay on the books for a long time... View More
I got a letter from the county attorney's office saying that a complaint has been made and I MUST talk to them by phone. I do not know the nature of this complaint . The Police did not talk to me about anything. Should I talk to them or not? I'm very suspicious about this. THANKS
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2023
Scams are everywhere, so you're wise to be wary of a random letter from anyone. "County Attorneys" mostly handle civil or administrative actions involving the government or county ordinance violations, while "State Attorneys" prosecute crimes. If the letter is from the... View More
Some of the lawyers are not honest in their assessments. We need truth not opinions. Things need to be corrected and corrected takes honesty. Honesty takes facts if facts are not known then you do not know the answer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023
Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
