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Questions Answered by Michael Rubin
2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

I was convicted of vehicular homicide, accepted a plea which included 4 years of prison time and a 6 year license revocation beginning after my release. I should be eligible for a hardship license, but the DMV is advising that my suspension is not in effect. I have the disposition sent to the DMV... View More

Michael Rubin
Michael Rubin
answered on Jan 9, 2025

good questions

First, go to the website for the clerk of court in the county in which your conviction took place

Look for the Final Judgment and Sentence, and look for the Public Record documents regarding the DL suspension

I absolutely agree the suspension should start at...
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2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Michael Rubin
Michael Rubin
answered on Jan 24, 2025

Florida Notary Publics are governed by specific laws and if you feel she violated them, contact the Florida Notary Commission at the State website and fill out a complaint form attaching your evidence.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: HELLO {Motion to Suppress}1-12-25 {Nolle Prosequi}1-21-25 Pre-Trial Conference {Canceled} Case closed 1-22-25

I want to follow up on this matter, I lost everything regarding the allegations and delusional foolish acts of all these individual

deputies, prosecutor, witness, this matter left me in a great deal of stress depression and homeless after taken days of work to attend the extensive case... View More

Michael Rubin
Michael Rubin
answered on Jan 23, 2025

I am sorry you went through this maelstrom

If you email me a copy of the arrest, motion to suppress, the information and nol pros, I am happy to look at it and give you an educated opinion as to how to proceed, and, against who.

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Florida on
Q: I was sentenced to mandatory life in federal prison. I did 11 years and I went back to court on a 2255

Which is ineffective counsel bcuz lawyer failed to do his job. That time and sentence messed me up to say the least. Is there anything that can be done for the time I lost?

Michael Rubin
Michael Rubin
answered on Jan 22, 2025

you would need to prove that, but for the ineffective assistance, a different outcome would have been likely. first thing you need to do is get a copy of the entire file in your case so it can be reviewed

1 Answer | Asked in DUI / DWI for Florida on
Q: My wife has the Intoxalock on her car in Florida.

My wife has the Intoxalock on her car in Florida. The other day I used her car and I got the failed code. I tried again and the car stared. I had not been drinking. I left the house but I forgot my credit card so when I pulled back into my driveway I had to blow again. The machine told me I failed... View More

Michael Rubin
Michael Rubin
answered on Jan 21, 2025

yes you can

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Michael Rubin
Michael Rubin
answered on Jan 16, 2025

your relative needs to file a 3.850 motion to vacate judgment and sentence based upon the newly discovered evidence and I suggest you do this as soon as possible

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2 Answers | Asked in Copyright, Intellectual Property, Criminal Law and Entertainment / Sports for Florida on
Q: Can I secretly record, in Florida, at a church event. If possible I will openly use my phone. Faces will be blurred, etc

I am attending an event in Florida at a church, a 'healing school'. I don't believe you have to sign any documentation to say you can't film. If I can film anything whilst there openly with my phone, I will. But I would like to wear a secret camera if not.

This is an... View More

Michael Rubin
Michael Rubin
answered on Jan 15, 2025

no, secret recordings are not legal in this situation because you are not a licensed investigator

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1 Answer | Asked in Criminal Law for Florida on
Q: Does a affidavit have to be accurate and true ? Can you get a case dismissed if it's not ?

I recently was arrested after the police kicked my house in , the police thought they were going to hit a big one but only some paraphernalia and empty baggies, they also charged 2 of my roommates with some ammo found in a wall in a common area , because they were felons. So there is my run down... View More

Michael Rubin
Michael Rubin
answered on Jan 15, 2025

it would matter if they made material misrepresentations about the elements of the crimes you are charged with

2 Answers | Asked in Criminal Law for Florida on
Q: My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?
Michael Rubin
Michael Rubin
answered on Jan 14, 2025

I would estimate within a few weeks as soon as the states coordinate travel

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1 Answer | Asked in Criminal Law for Florida on
Q: I recently got a felony for drug possession last march and have been going to probation every month and now taking Petit
Michael Rubin
Michael Rubin
answered on Jan 13, 2025

I have no idea what you asking because the question is incomplete

3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Florida on
Q: I left the scene of an accident due to my wife's medical health emergency. Now the FL police are calling for for me

Hollywood FL police are calling it took place in hallandale FL what do I do now

Michael Rubin
Michael Rubin
answered on Jan 12, 2025

be honest with them and tell them you were in the midst of an emergency so they can verify this

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1 Answer | Asked in Criminal Law for Florida on
Q: Should I sign a admission of guilt sheet if I failed a UA for probation

I'm on felony probation in the office I wouldn't admit to anything but they said they will send to lab

After leaving probation I messaged my PO and was honest with her. Her response was I have today only to come sign a admission of guilt sheet

Michael Rubin
Michael Rubin
answered on Jan 10, 2025

I would need to know more facts, for example, if this is the first potential violation, and the status of the remainder of the remaining terms and conditions, because there is some recognition of those who falter along the way as long as they seem to be on the right path

1 Answer | Asked in Criminal Law for Florida on
Q: Are there no exceptions to statute 794.021? Seems unjust in some circumstances

The supposed victim was serving alcohol, which by law means they must be at least 18

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

no, there are no exceptions

Ignorance or belief as to victim's age is no defense

1 Answer | Asked in Criminal Law for Florida on
Q: why would a lawyer file a motion to exclude witnesses when the witnesses already signed non prosecution papers.
Michael Rubin
Michael Rubin
answered on Jan 8, 2025

Because the State is the prosecuting authority and the victim is merely a witness for the State

2 Answers | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for Florida on
Q: Help needed for Unlawful Detainer Lawsuit Eviction Thank you

Any help or advice appreciated. I am searching for a lawyer to help evict an individual that is on our property illegally. He is also on probation for burglary and grand larceny which may be helpful in establishing he has no credibility. Thank you for your time.

Michael Rubin
Michael Rubin
answered on Jan 23, 2025

you might start by notifying the Department of Corrections to see if his conduct violates the terms of his probation

all of the information in Florida is Public Record, and easily found on the DOC website

being a landlord in Florida can be difficult

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Can a Court hearing for trespassing appeal be held in City Hall (Florida and is the ruling if not favorable legal?

The “Judge” was a local Attorney hired by the City titled as a “Hearing Master” with a City Police Attorney as their prosecutor

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

yes this happens all the time and as long as the trier of fact can remain objective and neutral, there is no illegality

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