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Questions Answered by Michael Rubin
2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for Florida on
Q: Steps to address false claims in stalking injunction case in FL?

In a stalking injunction case in Lake County, Florida, my fingerprints were taken in court without my public defender present, which I believe was not legal. The judge later ordered these fingerprints to be destroyed. The plaintiff, who has been harassing us to move, provided false information,... View More

Michael Rubin
Michael Rubin
answered on Mar 2, 2025

Since the prints were destroyed, you suffered no injuries

Public Defenders work hard for their money, are often overwhelmed, and rarely deserve the negative treatment they receive. Do you have evidence this was deliberately done, as opposed to a mistake?

People often make good faith...
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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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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Michael Rubin
Michael Rubin
answered on Mar 19, 2025

what do you think would be an appropriate disposition? Perhaps a paid vacation, a cruise?

Perhaps he should get a fine citizens award

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4 Answers | Asked in Criminal Law, Libel & Slander and Civil Rights for Florida on
Q: Can media coverage of a court miscommunication affect my trial and public defender's reputation?

I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More

Michael Rubin
Michael Rubin
answered on Mar 17, 2025

I find it ridiculous to believe what you write and know for a fact the public does not care about your case

Hire a private lawyer if you so despise the lawyer you were provided by the taxpayers but stop whining about the lawyer provided to you.

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3 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Legal consequences for signing birth certificate after partner turns 18?

I am in a consensual relationship with my 17-year-old partner, and both our parents are aware and okay with it. We currently live together. If I get her pregnant now when she's 17 and I'm 21, and she turns 18 by the due date, would I face any legal consequences for signing the birth... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

NOT A QUESTION FOR A CRIMINAL DEFENSE LAWYER

SEEK COUNSELING

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2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Florida on
Q: Can my son's father with a criminal history get 50/50 custody in Florida?

I live in Florida and am considering custody arrangements with my son's father. He has a criminal background, including convictions for firearm possession, grand theft auto, and threatening police officers. Additionally, he is currently involved in a situation where he's threatening his... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

seems to me they would be interested in why you would agree to a situation like this with this man's record?

Sounds like you are the one who should not have custody and perhaps the child would be better off without either of you in his or her life.

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2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Can my 21-year-old boyfriend face legal issues in Florida due to age gap if I get pregnant at 17?

If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

yes

why isn't he the one asking?????

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2 Answers | Asked in Criminal Law for Florida on
Q: Can I transfer pre-trial diversion to Broward County from Hillsborough County for felony grand theft?

I have been charged with a 3rd-degree felony for grand theft in Hillsborough County, and my attorney is working on getting me into a pre-trial diversion program after my arraignment on March 27th. Due to losing my job and apartment because of the case, I would like to transfer the program to Fort... View More

Michael Rubin
Michael Rubin
answered on Mar 13, 2025

yes you can transfer

why won't the attorney you hired answer this for you?

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3 Answers | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Bond issue between Polk and Hillsborough Counties, FL.

I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

Michael Rubin
Michael Rubin
answered on Mar 13, 2025

Contact the Florida Bar and have them move the lawyer's rear end

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: Need Florida case laws on habitual offender sentencing requirements.

I am involved in a case in Florida where the judge sentenced a defendant to life as a Habitual Violent Felony Offender, but failed to mention the specific offense for which he was being sentenced. I am looking for new and old case laws in Florida that discuss the necessity of pronouncing the... View More

Michael Rubin
Michael Rubin
answered on Mar 13, 2025

I agree with the previous answer and you should look it up on this site via the research button

If you look at the final judgment and sentence, the charge should be clearly reflected in that document

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1 Answer | Asked in Criminal Law for Florida on
Q: Can I purchase a firearm after withheld adjudication on felony grand theft in Florida?

I was charged with felony grand theft of cash in 2018, and adjudication was withheld. I haven't undergone any expungement or probation changes since the charge. I'm trying to understand if I'm eligible to purchase a firearm given this legal background. I heard it might be possible... View More

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

you should be okay but you should consider getting the file sealed

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Why are the drug charges missing from Madison County's court website?

Why are my drug charges not showing on the Clerk of Courts website in Madison County, Florida, even though my other charges, such as speeding and driving with a suspended license, are?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

If you know enough to search the clerks website, you should call them and ask them

this is not a question for a criminal defense lawyer

3 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Do I have to roll window down fully if stopped, Florida?

In Florida, if I'm stopped by a police officer and they request that I roll my car window all the way down, am I legally required to do so, even if communication can happen clearly without it and there's no safety reason given?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

yes, you are required to roll your window down, cooperate, and provide identification

stop watching television to get your legal information

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Was police jurisdiction and search legal in Lake Wales, FL, drug possession case?

I was approached by police at a motel I rented in Lake Wales, FL, regarding a reported disturbance involving a man and woman fighting. The call was made at 5:30 PM, and the police affidavit states they responded at 5:45 PM. However, they approached me at 6:35 PM and asked to search my person and... View More

Michael Rubin
Michael Rubin
answered on Mar 10, 2025

never consent to a search if you have drugs on you

I do not think it was an illegal search, because you consented

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3 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can police search my car after I consented due to feeling antagonized?

I had just rented a room when police officers responded to a disturbance call, stating it was at 17:45, though body cam footage shows they arrived at 18:35. The officers immediately wanted to search for drugs, mentioning we were across from a known drug motel. Several officers were present, and... View More

Michael Rubin
Michael Rubin
answered on Mar 10, 2025

as long as you consented, I see no issues

I also do not see where you were arrested.

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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: Can I be charged for brake checking if rear-ended?

I was involved in a rear-end collision, where the other driver hit me from behind. Although a police report was filed and both insurance companies were notified, there were no witnesses. Now, days after the accident, the other driver is claiming that I brake checked them. Given these circumstances,... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

highly unlikely because the person who rear ended you violated a traffic law in following too closely, so, you are presumed to be in the right

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1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Florida on
Q: Potential consequences of leaving FL with a misdemeanor domestic violence charge pending.

I have a misdemeanor charge for first-offense domestic violence in Florida. As a condition for dismissal, I was required to complete 9 months of treatment classes, which I cannot afford ($50 per class), and I've only attended two sessions. I'm also facing eviction, which is prompting me... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

you should have your public defender bring the matter back before the Court in hopes the Judge will unsuccessfully terminate supervision

1 Answer | Asked in Criminal Law for Florida on
Q: What might happen at a Florida status conference for petty theft under $10 of dog treats?

I received a citation for petty theft after a store employee accused me of taking dog treats. There is no video or photographic evidence, and I confessed under pressure from a police officer at my home. I have a pretrial status conference in two weeks. I am 74 years old, and all charges from a... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

you have already asked this question several times

My answer remains the same

Hire an attorney

2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Petty theft citation with prior diversion, seeking probation/no jail in FL.

I am a 74-year-old female who received a citation for petty theft after allegedly taking four dog treats from a store. The store staff did not witness the act, and there is no video surveillance. However, I did admit to a police officer that I took the treats for my sick dog to avoid going to the... View More

Michael Rubin
Michael Rubin
answered on Mar 6, 2025

I am truly sorry this is happening to you, I love animals more then people

which county is this in please?

knowing the County allows me to give you an accurate answer, but, you are in n way looking at any jail time and as long as the store got the merchandise back, this is an...
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