If a person please guilty or no contest to felony battery, and if adjudication is witheld, then the person is not a "convicted felon" for the purpose of loss of civil rights and right to bear firearms in Florida. This assumes that the person has not been adjudicated guilty of any other... Read more »
He then asked could he search my vehicle I told him no I well first I asked him what his probable cause was he said because he wanted to I told him no he brought the dog out and they alerted on my vehicle and he found a set of digital skills by the way this was not a patrol cop this was a narcotics... Read more »
The officer would have had grounds to pull you over if you committed a driving infraction. You complain that the Officer conducted a drug dog walk around even though you refused to consent to a search. As a result the dog alerted. The car was searched and alledged drug paraphernalia found. An... Read more »
But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?
The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due... Read more »
Police took the attackers side and not my side of what happened
This is where you need to get an experienced criminal defense lawyer to address the facts of your situation one by one. Remember that police are not prosecutors or judges. Police can easily make a wrong decision in the heat of the moment. Your lawyer should position your evidence and witnesses in... Read more »
And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges
Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... Read more »
Unless you are absolutely sure they are not there to investigate YOU as the perpetrator, then YES, YOU NEED A LAWYER. The lawyer can help you understand how police conduct investigations, the terminology they may use, and how various answers might be interpreted.
multiple F3 drug charges with felony vop
Credit for time served can differ from charge to charge. If it’s different, then running it concurrently does not change the difference. The differences can be more pronounced where the charges are unrelated or originate in different countries. A comprehensive plea agreement can sometimes resolve... Read more »
Hello. I have been charged with aggravated battery with firearm with great bodily harm in Florida. I've posted a bail after a was arrested. This is what happened: there was a guy who was stalking me and my girlfriend. When he approached us I've pulled my glock and fired one round into... Read more »
You could hire a lawyer to explore your options. The law may have changed since you left the country. The lawyer needs to figure out if yours is a stand your ground case, or not. The lawyer needs to consider whether the old or new laws apply to your situation. Obviously, it’s a serious matter.... Read more »
for being framed
What happened is he possessed a package with a controlled substance. This scenario is not as uncommon as you might think. The best way to address this situation is through a qualified and experienced lawyer. There may be other facts that you may not be aware of. Even if the marijuana charge is... Read more »
In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get... Read more »
The “what happens” is not a ‘one size fits all’ or does it yourself’. You need to direct this question to your retained attorney. Many factors could affect the outcome. A case sentenced in the last 11 months might be treated differently than earlier sentenced cases. Of course, the kind of... Read more »
Them probable cause to search passengers & the vehicle?
There are ample cases saying that there would be probable cause in such a situation. The legalization of hemp and medical marijuana might change these rulings over time. If there is pc to search the car, then the police can have passengers exit and they can be subjected to a protective search. The... Read more »
I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income
Different clerk offices have different policies. Call the clerk’s office for information about payment plan or community service. Sometimes a clerk may have a forgiveness weekend. Your problem might be more complicated if more than 1 clerk is involved. It would all have been easier if you had... Read more »
Relevant evidence is generally admissible unless excluded by privilege, unfair prejudice or some statutory or constitutional protection. Your inquiry seems to admit that you made an admission. That seems pretty incriminating to the extent it may show your involvement with criminal activity. You... Read more »
They didn't take the drugs off of me they let me go to the county jail with the drugs on me after I told them I had them
If police can prove you possessed controlled substances without a prescription, then obviously you may be charged. People who neglect their children due to drug abuse may be charged with child neglect. It very much sounds like you need to be consulting face to face with a lawyer. If the children... Read more »
What are his defense options?
How can my cousin be exonerated of these alleged accusations?
How can I help my cousin?
Your cousin can do nothing and put his head in the sand. Or your cousin can consult with a criminal defense lawyer experienced in this type of case. Of course, review of the accusations is important. The lawyer can recommend possible responses. Potential responses might involve a computer expert,... Read more »
I was charged with a fleeing and eluding charge and driving without a license from out of my county. I believe this happened when my vehicle was stolen as I would remember if I ran from police. I was picked up on the warrant and was never given copy of the police report , or given any kind of... Read more »
You are asserting your innocence. The innocent and falsely accused need an attorney more than those who might have some degree of involvement. You start the process by retaining a specialist criminal defense attorney who will document and structure your defense; and also make sure no court dates... Read more »
You can fly, but you might be arrested if your name is “run” and the warrant comes up. But it is a domestic flight. So if no one runs a warrant check, then you’ll arrive on time. Your call.
To preserve your federal rights you must make a properly filed claim within 1 year of your case becoming final. Your State claim must be filed within 2 years of becoming final. The rules for calculating finality differ between the State and federal systems. Generally, finality doesn’t happen... Read more »
I was arrested for Public intoxication, resisting arrest and Domestic Violence which none of this happened. There are witnesses that to this, that could testify that this didn't happen but the DA is still trying to prosecute the incident.
You should retain an experienced criminal defense attorney ASAP. It could surprise you that the innocent need at least the same level of defense as the guilt.
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