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
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... Read more »
I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.
answered on Mar 22, 2023
Florida law doesn't have "infractions" in criminal cases, so you'll want to have the case dismissed completely. There's a possibility for a diversion program for first offenders which could get you there. You need to be careful, though, as some diversion programs require a... Read more »
In a criminal case, LARC - GRAND THEFT $20,000 OR MORE LESS THAN $100,000
If a NOTICE OF DISCOVERY DIGITAL DOC. FILED: NOTICE OF DISCOVERY
Is filed within courts, after this a new lawyer was appointed. Does this mean that there must be a new notice of discovery filed with the new... Read more »
answered on Mar 21, 2023
In most cases, the former attorney will send whatever discovery they have to new counsel. The new lawyer will often file a new demand for discovery/Brady demand so that any newly uncovered evidence is disclosed to them timely.
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
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... Read more »
Also, doe the motion of discovery have to be granted before this comes in affect? What is the correct procedure
A) motion of discovery
B) motion of discovery granted
Or is a simple m.o.d. enough?
On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a... Read more »
answered on Mar 13, 2023
The proper form is "Notice of Intent to Participate in Discovery, Rule 3.220". The judge doesn't have to grant it, as its a Notice not a Motion. Filing the Notice triggers responsibilities on each of the parties (State and Defense). A lawyer will know how to deal with the details.
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
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... Read more »
On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a MOTION FOR APPOINTMENT OF CONFLICT COUNSEL arises....does the motion for discovery start over with new council..... If it is not stated on document, how much time is allowed for them to produce info? Is there a statue number I can... Read more »
answered on Mar 13, 2023
The time period for the State to comply with discovery obligations begins when the original demand is filed, regardless of a new attorney being appointed.
I asked the head P.O. & she said she didnt know.
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... Read 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... Read more »
What exactly does this mean
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... Read 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
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... Read more »
possesion with possesion with the purpose to deliver
how bad is it?
answered on Feb 25, 2023
4 oz - 25 lbs Felony 3* - 10 years $ 10,000 fine
*Mandatory Minimum sentence.
I'm not an Arkansas lawyer, and my information may not be complete or accurate. Your friend would be wise to contact an AK lawyer to represent him.
Alongside not meeting the person who was supposed to be hired, the money was accepted from me but services were not rendered. No receipts were given at all when asked multiple times for them, only promised to give them as i would tell him 'i need a receipt for this' but then would never... Read more »
answered on Feb 23, 2023
Perhaps you should make an appointment with a local attorney for a consultation. Good Luck.
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.
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... Read more »
The warrant is from Duval co. They still haven't come for him in Columbia co jail. The charge was 2013 for aggravated battery. He did 20 days in jail and given 6 months probation.
answered on Feb 7, 2023
No one here can tell you what amount of time, if any. Technical violations (changing address, not paying monthly costs of supervision) are less severe than picking up a new charge or failing to report/absconding, He's facing a max of 15 years or so on a VOP. He needs a lawyer to arrange a... Read more »
answered on Feb 5, 2023
WARREN v. DESANTIS (4:22-cv-00302)
US Northern District of Florida
When do I start counting from for the 5 years to be up
answered on Feb 2, 2023
If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.
Can the judge revoke the misdemeanor and reinstate the felony?
answered on Feb 2, 2023
The State is likely barred from refiling the felony, in any event. But, no the judge can't reinstate the charge but might consider the entire circumstances of the case when sentencing on the probation violation.
I was set up in 2020 by UCs on a controlled sale. It was in the middle of the pandemic. It really is bugging me that the whole world was completely shut down from a global pandemic where everyone lost there jobs and cops were out there trying to buy drugs from people. So I’m wondering if there is... Read more »
answered on Feb 1, 2023
While law enforcement efforts in many areas slowed down considerably, your thought that law enforcement resources should have been paused during this period is ludicrous. The pandemic didn't stop you from selling drugs, did it? Why should police efforts stop. Should police have stopped making... Read more »
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