the other is in Georgia, in what jurisdiction should the complaint be filed?
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answered on May 23, 2023
The decision where the criminal complaint is filed is made by the respective prosecutors based on the facts of the case and the laws of each jurisdiction. Generally, cases are filed where the crime (s) occurred or where the subject of the property crime exists. It's also possible to have... Read more »
He was arrested for soliciting prostitution from an undercover. She is trying to get him to enter a plea deal and we haven't even went to court
answered on May 12, 2023
His attorney probably wants to talk to him about the facts of the case. Anything your son tells his attorney is privileged. The attorney can't be made to disclose what her client told her. On the other hand, what your son says in your presence is not privileged, so, in theory, you could be... Read more »
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answered on May 10, 2023
The “ …” is needed to be certain. Bondsman may have to appear before a Judge to testify about sources of funds for collateral in serious drug cases. Sometimes they have to report to a judge about whether they are willing to continue writing the bond in cases where the defendant has picked up... Read more »
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
answered on May 10, 2023
You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... Read more »
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
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answered on May 18, 2023
You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... Read more »
answered on May 8, 2023
Under Terry v Ohio, a police officer is permitted to do a reasonable search for weapons for his protection where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The scope of this... Read more »
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answered on May 8, 2023
Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court... Read 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... Read 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... Read more »
Receiving 10 years first offense Could this be considered Coercion?
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answered on Apr 7, 2023
It is almost always legal for police to lie during interrogations. Police have long been prohibited from using physical force during interrogations, but they are still allowed to use a variety of powerful psychological ploys to extract confessions from people. Allowing the police to lie to suspects... Read more »
How can a past felony be reduced to a misdemeanor status in Florida through legal means?
In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... Read more »
answered on Apr 5, 2023
Hello-
If you were not convicted of the charge, and have no other criminal and/or criminal traffic convictions, you may be eligible to have that case sealed. It cannot be reduced to a misdemeanor but it can be sealed. However, note that medical boards and similar agencies still require disclosure.
How can a past felony be reduced to a misdemeanor status in Florida through legal means?
In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... Read more »
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answered on Apr 5, 2023
Sealing your record won't help you when applying for certification in the "Compact". The case will come up in a level II background check AND you must disclose the arrest, regardless of the withhold or a sealing. The time limit has passed to vacate the plea. However, a lawyer would... Read more »
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answered on Mar 30, 2023
Commencing the prosecution in a criminal case means that the legal process of pursuing criminal charges against a person or entity has been initiated.
It involves filing a formal criminal complaint or indictment, which outlines the specific charges and accusations against the defendant, and... Read more »
answered on Mar 27, 2023
The answer is yes. Without knowing the details, a charge that comes later is likely - especially if the police are using a Confidential Informant or undercover officer. This is often done to try to protect the identity of the person used. The charge must be brought within the Statute of... Read more »
The alarm company we hired to install cameras and security system sent out a tech to do the install, that tech later robbed the pharmacy with a help from another person. That second person was caught and sentenced and police immediately knew it was the alarm company’s tech because upon reviewing... Read more »
answered on Mar 23, 2023
The Fla. Limitations period for negligence suit is 4 years from either the date of incident or from the time the damage was discovered. Either way, the time is probably up for an action based on negligence, such as negligent hiring or negligent retention. I say "probably" because this... Read more »
In the motion of discovery. And failed to submit half of them. Due to there being a lack of evidence now, can we ask for a motion to dismiss based on lack of evidence to convict
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answered on Mar 22, 2023
Your attorney is the best person to answer this for you, since he/she has a full knowledge of the facts. A Sworn Motion to Dismiss is the pretrial effort to toss the case. That motion lays out what the undisputed material facts are (as established by the evidence) and argues that the facts do not... Read more »
I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.
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answered on Mar 29, 2023
In Florida, it may be possible to reduce a misdemeanor charge for petit theft to an infraction, depending on the specific circumstances of the case and the prosecutor's discretion. However, this may not necessarily have an impact on your immigration status, as USCIS may still consider a... Read more »
I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.
answered on Mar 21, 2023
Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... Read more »
They initiated a traffic stop under the pretense of improper tag but never made a citation for this and ran a dog around the vehicle that supposedly alerted arrested my father, and then allowed the driver to leave without ticket or confiscating the tag.
Also, another thing is, the facility... Read more »
answered on Mar 21, 2023
You wrote about two separate issues, an arrest and conditions at a detention facility. Regarding the arrest, an attorney would have to review the arrest report and obtain all the facts. Does the arrestee have an attorney? If so, why look for help online? If no attorney, is help needed to obtain... Read more »
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
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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 »
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 »
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