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Questions Answered by Michael Rubin
1 Answer | 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

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 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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