Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.
The officer was in pursuit of a 18 year old 4 foot tall black male.... I'm 6 foot 3 white and 37.... The officer said he stopped me because I looked suspicious . But I was walking to the store a block over for a drink at 3 in the afternoon I don't understand how he can harrass me then... Read more »
We really can’t offer the kind of advice you need, since we don’t have access to any evidence or investigation. I suggest that either you push your PD to put forth a defense or a fair negotiation, or retain a private attorney. Good luck.
I have three breathlyzers and two urinalysis and the cop was screaming acting erratically because of the negative results. He asked for a third sample and it didn't seem right. I have neurological issues from an aneurysm and I'm very anxious ask the time from past trauma.
Under Florida law, you would be ineligible if you received a “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
For their protection, police officers are permitted to make fast surface scans and searches of a suspect's outer clothing for weapons during pat downs. Pat downs are permissible if the officer has reasonable suspicion that the suspect has a weapon. That reasonable suspicion is required to be...Read more »
ALSO IN MY DISCOVERY i RECIEVED THERE IS SOMEONE ELSES CASE THAT HAS NOTHING TO DO WITH ME OR MY CASE WHAT SO EVER . BUT MY NAME AND CASE NUMBER IS ON THE TOP WITH THIS OTHER CASE. ON MY FIRST MEETING WITH MY PUBLIC DEFENDER SHE STATED i NEED TO EXCEPT RESPONSIBILITY AND MAN UP AND BASICALLY TAKE... Read more »
In addition to federal law, Florida law prohibits persons who receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.
Considering you're considered innocent until you're proved to be guilty, it's not really appropriate. But, is it illegal? No. That you have been charged is a matter of public record. If you are a juvenile, and a stay away/trespass order has been issued, speaking to your parents to...Read more »
My husband is incarcerated in Mayo, Florida & has been doing his legal work behind bars. He has been granted a 'Hearing for Post Conviction Relief' in Miami, Dade County in July, 2020. This hearing will done in his absence.
Thank you for the response to my question by two... Read more »
These hearings are being done on video in Miami, while the courthouse is still closed to the public. If he can make arrangements with DOC to appear by Zoom video he will be able to argue his petition. Otherwise, the hearing will take place in his absence. I suggest hiring an attorney in Miami.
The judge can only sentence on a VOP for the max time that the misdemeanor carries. I don’t know what “felony house arrest” is per se or how it differs from being placed on HA for a misdemeanor VOP. You might be supervised by a felony-based HA officer, but that doesn’t make the sentence...Read more »
I think you just did, though it's unfortunate that someone did this to you and now YOU have to pay for it. Do you have any idea who stole your identity? I assume you reported it to the police. The case would have to be set for a Motion to Quash Warrant on a video remote calendar.
It's always best to have an attorney assist you. Depending on the case, you may be able to get the warrant quashed without surrendering. Your lawyer can assist you with digging up the out-of-county citations and help take care of them for you.
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