In a criminal case, LARC - GRAND THEFT $20,000 OR MORE LESS THAN $100,000
If a NOTICE OF DISCOVERY DIGITAL DOC. FILED: NOTICE OF DISCOVERY
Is filed within courts, after this a new lawyer was appointed. Does this mean that there must be a new notice of discovery filed with the new... Read more »
answered on Mar 21, 2023
In most cases, the former attorney will send whatever discovery they have to new counsel. The new lawyer will often file a new demand for discovery/Brady demand so that any newly uncovered evidence is disclosed to them timely.
To produce factual evidence. How long can they leave a person in jail without factual based evidence. what is the statue of limitations to convict
answered on Mar 20, 2023
The State has 21 days from the date of arrest to file a charging document. They can ask for another more time, if they are not ready on the 21st day. If they don't have charges filed by the 40th day, the Defendant should be released ROR.
The statute of limitations to file on a felony... Read more »
The adult who accepted the alcohol delivery did not provide their ID so a falsified Driver's license expiration date was used and "N/A" was signed on the signature line, instead of the person's signature, into the ID verification system.
After receiving the pictures of the texts my wife then forwards the pictures on to others. Is that illegal?
There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... Read more »
answered on Mar 18, 2023
Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.
if someone were to get arrested for either animal cruelty or aggravated animal cruelty and they were facing 5 years of jail, paying fines, and no being around animals but took a plea deal of 2 years of probation and 2 years of house arrest would they still be allowed around animals during their... Read more »
I was admittedly heavily intoxicated in Tampa, I took a spill on an electric bike and volunteerily walked myself to the hospital because my lip was bleeding profusely and I had feared I needed stitches. The hospital in turn enacted the Marchman Act on me and I was involuntarily detained for 30+/-... Read more »
answered on Mar 16, 2023
Apparently one of the parties to a lawsuit sought discovery (typically response to interrogatories, the taking of depositions, requests for admissions, etc.). They responded with something they called an "answer". They then amended that "answer".
Court. Filing for bill of particulars.
If someone is holding a lawful and peaceful protest on a sidewalk, then 1 individual person comes and throws glass at police & otherwise does disorderly and unlawful actions, are police able to deem the entire protest unlawful and disperse it? Can 1 protestor's actions represent the entire... Read more »
answered on Mar 14, 2023
To answer this question, you must put yourself in the shoes of the police officers - that is how a Court would analyze it should the police action be challenged. (By the way, I have handled many police misconduct cases representing victims of false arrest, excessive force, etc., and I've been... Read more »
If a motion to compel is granted on 2/28/23, is it legal for the courts to push the court date out until 4/12/23 due to the judge on a week or two vacation? Or should there be an emergency fill in judge to handle it?
Under Florida Statute Section 810.02, the prosecutor must prove that you “entered” the conveyance with the intent to commit a crime once inside. What is considered proof without a shadow of doubt? Also,even if we have a paid lawyer...is there a way to go around them and file something to the... Read more »
In state of Florida, to my knowledge a burglary of a conveyance holds a statue of limitations for three years. Now can you explain if it means to be charged or to be convicted?
WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment
You stated it begins regardless of new lawyer.. If it is not stated on document, how much time is allowed for them to produce info? Is there a statue number I can use to reference in court
Also, doe the motion of discovery have to be granted before this comes in affect? What is the correct procedure
A) motion of discovery
B) motion of discovery granted
Or is a simple m.o.d. enough?
On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a... Read more »
answered on Mar 13, 2023
The proper form is "Notice of Intent to Participate in Discovery, Rule 3.220". The judge doesn't have to grant it, as its a Notice not a Motion. Filing the Notice triggers responsibilities on each of the parties (State and Defense). A lawyer will know how to deal with the details.
What is the Florida statute number in a criminal Court dealing with burglary charges in Tallahassee Florida if the statue of limitations is 3 years
On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a MOTION FOR APPOINTMENT OF CONFLICT COUNSEL arises....does the motion for discovery start over with new council..... If it is not stated on document, how much time is allowed for them to produce info? Is there a statue number I can... Read more »
answered on Mar 13, 2023
The time period for the State to comply with discovery obligations begins when the original demand is filed, regardless of a new attorney being appointed.
Is there a statue of limitations?
If so, how long?
Also, is there a statue pretaining to how long these cases can be continued in Florida court system without being settled?
-GRAND THEFT (OVER $20,000)
-FTA/GRAND THEFT (OVER $20,000)
-BURGLARY OF CONVEYANCE
FTA/BURGLARY OF CONVEYANCE
answered on Mar 13, 2023
Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15. As a result, a prosecution for Grand Theft can be brought up to five... Read more »
What does this mean CASE COMMENTS FROM COURT EVENT NELSON - DENIED AS MOOT ORE TENUS MOTION TO WITHDRAW CAPIAS - DENIED - BOND SET
What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks why would a defense atty ask for a second... Read more »
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