Counsel still is representing defendant while severe and grave conflict of interest exist! How is this lawful and HOW can I be appointed another lawyer?I filed a Motion to Dismiss Counsel and Appoint Anew...Stating several discrepancies such as Ineffective Assistance of Counsel and Counsel making... View More 
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answered on Apr 11, 2023
Here's a link to a thorough article on the subject: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/before-you-fire-your-court-appointed-lawyer.html
If a person is currently incarcerated in one county jail but has violation of probation charges in another county, and the case in the current county is set to take a long time, does the Public Defender have the responsibility to move them to the latter county if they ask, so they can go ahead and... View More
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answered on Apr 9, 2023
Normally, the new charge is one basis for the VOP. The State will want to take care of the new substantive case first. Possible to work out a global arrangement for both cases.
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answered on Apr 7, 2023
The lawyers in these forums do not see any identifying information. I can't tell you if JUSTIA requires a questioner to enter personal information to ask a question or what, if anmything, they do with that information. Refer to their privacy policy, or contact JUSTIA directly.
Defendant in this case threatened me into making a false statement to his public defender. Is my statement admissible and will I be in trouble for making a false statement under those circumstances?
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answered on Apr 6, 2023
Trouble, not likely. The statement has to be material, in a official proceeding and under oath for perjury. Your statement may be grounds for impeachment as a prior inconsistent statement. If you are a State witness they need to be made aware of the conversation, but this should be discussed with... View More
I received a misdemeanor citation in Nebraska. I live in Florida and was there temporarily. I had the charge set-aside by the county court I received it in.
I’m interviewing for a position with Fl DCF and received some paperwork to fill out. Do I need to put my citation on the... View More
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answered on Mar 31, 2023
I'm not certain what "set aside" means, since this isn't a term used in Florida to describe how cases are resolved. Does it mean the case was dismissed? Does it mean the record was sealed or expunged? More information is required. In any event a job with DCF requires a Level II... View More
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answered on Mar 28, 2023
Highly unlikely since Robbery with a Firearm is punishable by life and is a non-bondable offense.
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.
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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... View 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... View More
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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.
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... View More
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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.
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... View More
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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.
possesion with possesion with the purpose to deliver
how bad is it?
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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... View More
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answered on Feb 23, 2023
Perhaps you should make an appointment with a local attorney for a consultation. Good Luck.
Possible charge
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answered on Feb 18, 2023
Can you price more details?
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answered on Feb 5, 2023
WARREN v. DESANTIS (4:22-cv-00302)
US Northern District of Florida
Can the judge revoke the misdemeanor and reinstate the felony?
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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... View More
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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... View More
I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.
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answered on Jan 29, 2023
Prosecutors will make that decision.
My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... View More
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answered on Jan 23, 2023
Dismissed, no. But the officer’s omission might result in fertile cross-examination. Retain an attorney.
I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... View More
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answered on Jan 20, 2023
You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?
During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... View More
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answered on Sep 29, 2022
There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.
Good Luck.
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