I have already taken a plea but I have not been sentenced yet what motion can I file to withdraw a plea and resume research into this case
answered on Oct 3, 2023
If yours is a State court prosecution, you could move to withdraw the plea. If the plea has not been "accepted", you can move to set it aside with almost no justification. If the plea has been accepted, you will need to show good cause. If, as you say, you have already been convicted with... View More 
Is not a firearm under sec 790.01(6) fss 1993. At the sentencing hearing the court believed that it would be invading the province of the jury to find that the evidence did not meet the statutory definition of a firearm. In spite of the law, the court imposed a life sentence. Is this legal? My son... View More
answered on Jul 25, 2023
You are correct that a BB gun is not a firearm and the charge would be wrong. Robbery with any deadly weapon is a PBL, that is punishable by life. You would have to go back into the record to find out if the information made an allegation of a deadly weapon. The maximum sentence for a simple weapon... View More
My husband was sentenced to 4yrs he did 2yrs in prison and was ordered to complete the other 2yrs on probation. He violated after completing 11 months. The day of his VOP ruling the judge sentenced him back to prison to complete the other 2yrs so we want to know aside from the prison credit is he... View More
answered on Apr 28, 2023
The judge likely sentenced your husband to 4 years DOC with credit for the actual time served in prison and any unrevoked gain time. In addition, the judge likely awarded any credit for time in jail. DOC is to calculate the day for day credit he previously served. Almost always DOC revokes the... View More
They had for me, calling me out of the house prior to entry, i was awakened by this and put on a pair of shorts that wrrent mine. They searched me and found drugs. I would have never put on those shorts if they hadnt lied about the arrest warrant because i wouldnt have gone outside. All charges... View More
answered on Oct 28, 2022
First off, the "I put on somebody else's shorts" defense is usually not a winner. But, through your lawyer, you can file a Franks motion challenging false statements in a search warrant application. You must establish that you had standing to challenge the search warrant. As is... View More
they gave him ten yr midman and fifteen yrs five months apart two differnt counties for the same charges they contacted him and told him it was an illegal sentencing so how do i go about this do i or can i file a motion for thie review of this and will they have to release him he is done with the... View More
answered on Jul 25, 2023
Your inquiry provides zero information about why the sentences were illegal or how that illegality might affect either the original length of sentence or eligibility for gain time. An experienced post conviction relief lawyer would need detailed information about the circumstances of the charges,... View More
The robbery is not paroleable,isn't this an illegal sentence
answered on Jul 13, 2023
There is insufficient information to determine if the sentence is illegal. Life sentences imposed before the original guidelines were generally parolable, around 1984. Life sentences under the original guidelines had to "score" life, in which case there is no parole, roughly 1984-1998.... View More
I was pulled over with paraphernalia, a small small amount of cocaine, an open container and my firearm. Wich I have a concealed for. The officer said I was facing 3 felonies and a misdemeanor. He gave me the option of letting me go free if I made a deal with a detective. The detective and I talked... View More
answered on Aug 8, 2022
Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... View More
No contact in nearly 20 years.
answered on May 19, 2022
Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.
I was contacted by a detective and questioned but I did nothing but talk about doing something and never did it
answered on Mar 2, 2022
You should consider that many jails record phone calls. Police can access and listen to these calls. Usually, the courts at first appearance impose no victim contact restrictions. This means no direct or indirect contact. The restriction applies even if the arrestee doesn’t bond out. For your... View More
My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... View More
answered on Feb 26, 2022
Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... View More
answered on Jan 29, 2022
Service of papers may mean that you are charged with a crime. The anything you can do is to read those papers for details. You might be able to go online at the clerk’s office to get more details. All that should tell you the what, when and how of this charge. So informed you could go to court... View More
Dismissed for either 45 days or 12 months of probation. If I reject the offer and say I want to go to trial, is it likely the prosecution may offer a better plea agreement? I'm not a resident of Florida and only here for a short time caring for my sister, but I want to get home to Wisconsin to... View More
answered on Jan 28, 2022
You need a lawyer and fast. Not the internet question answering kind. First, if all 5 paraphernalia charges are at the same time and place it should be just 1 charge. That’s because paraphernalia is both a singular and plural noun. The other matter is completely different and a felony. Please do... View More
State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight
answered on Jan 25, 2022
Your lawyer would typically obtain a laboratory report long before trial. The report should identify the controlled substance and the weight. Separate containers with controlled substances should be weighed separately. One legal issue is whether amounts located in separate places can be aggregated.... View More
This is in Florida
answered on Jan 16, 2022
It is likely a conflict of interest for the same PD Office to represent you on one felony charge and to attack your credibility on another felony charge where you are the complaining victim. You could advise the PD assigned to your case about this situation. That PD should recognize the conflict... View More
He was assaulted outside a bar . A guy punched him in the face and continued to strike him. My husband had a concealed license, pulled his gun fired a warning shot and then shot the guy who refused to back down . My husband fleed the scene however before police arrived
The state is... View More
answered on Jan 9, 2022
Yours is an extraordinarily complex question which is fact sensitive. First off, if your husband doesn’t like his current lawyer’s assessment, he can hire a new lawyer to see how the new lawyer sees it. Second, you say this happened outside a bar and involved a concealed weapons permit. I think... View More
I was arrested for assault on a police officer and resisting without violence. I'm a first time offender and I'm very nervous at what my punishment will be.
answered on Jan 3, 2022
This is the time to go to court, not to jail. The process will indicate whether you will agree to go to jail, to get a dismissal, to get probation, or to go to trial. I urge you to retain an experienced lawyer to evaluate your situation. The lawyer, once fully informed, would be in a real position... View More
answered on Oct 20, 2021
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... View 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... View More
answered on Oct 18, 2021
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... View More
But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?
answered on Jan 10, 2021
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... View More
Police took the attackers side and not my side of what happened
answered on Dec 31, 2020
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... View More
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