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REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More 
answered on Oct 3, 2024
I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More
A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More
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answered on Sep 28, 2024
It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.
Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,... View More
Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?
answered on Sep 30, 2024
Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More
A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More
answered on Sep 14, 2024
There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More
The state dropped on their own noticing that it would not hold up in trial no information
answered on Sep 12, 2024
These types of situations do happen, but I would point out that it is often impossible to know that the State would have dropped the case without you retaining an attorney. There may have been discussions between counsel and the State or engaging an attorney may have made the State realize that... View More
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answered on Sep 6, 2024
If I understand your question correctly, I think you are asking if a regional conflict counsel is better than a public defender.
Generally, and attorney, office, or firm can have a conflict of interest representing multiple individuals in the same case. In criminal law, that means... View More
I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.
answered on Sep 3, 2024
I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More
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answered on Aug 30, 2024
This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More
answered on Aug 30, 2024
A restraining order will be governed by the wording of the order. Usually that relates to some restraint on the Respondent or the person who the order was "sought against." As the previous attorney noted. if you are unsure what the order means you should consult an attorney.
You... View More
We don't live together, he just wants my insight on what gun he should get
answered on Aug 18, 2024
There is in general no prohibition against either if you going to the gun shop, either together or separately. It is unclear what difference you suspect it might make that he is your child or that you don't reside together. One could go shopping with a complete stranger; again, it makes no... View More
RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
REQUIRMENTS
Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3yrs.
DELINQUENCY
If a member fails to complete and report the minimum required... View More
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answered on Jul 21, 2024
If a prosecutor is deemed delinquent and prohibited from practicing law, they should not be able to prosecute a case. Delinquency under Rule 6-10.3 indicates failure to meet continuing legal education requirements, leading to suspension from practicing law. A prosecutor in this situation loses the... View More
Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
(b) Minimum Hourly Continuing Legal Education
Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs
RULE 6-10.5 DELINQUENCY
(a) If a member... View More
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answered on Jul 21, 2024
If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in... View More
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
A person is required to identify themselves when requested by a law enforcement officer if that officer reasonably suspects that a crime has been committed, is being committed, or is about to be committed.
The officer is not required to tell you at the time what crime or why he suspects... View More
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
Additional explanation: The police officer may be looking for someone else and may require your identification to confirm that you are not the person he is looking for. Your refusal to identify yourself then obstructs and delays his search for that person.
I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?
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answered on Jun 29, 2024
In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More
I came across something very concerning while looking myself up online. I'm hoping to get some advice on how to proceed. I found that a website called fastbackgroundcheck.com associates me with a man named Chad. I’ve never met this man, but the website says I live at an address I've... View More
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answered on Jun 26, 2024
This situation is certainly concerning, and I understand your worry. Here are some steps you might consider taking:
1. Document everything:
- Take screenshots of all the websites showing this incorrect information.
- Keep a record of when you discovered this and any steps... View More
I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More
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answered on Jun 21, 2024
To provide a concise response to this legal question:
In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without... View More
A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.
answered on Jun 21, 2024
Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More
Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?
answered on Jun 21, 2024
The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More
Neighbor is a known drug addict and has bee seen on our security camera walking on our front porch naked from the waist down. He comes onto our property uninvited all hours of the day/night. This last time, he was wondering around my vehicle and the later walking on our porch in front of my... View More
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answered on Jun 11, 2024
To file an injunction against your neighbor for lewd and lascivious acts, you will need to complete specific forms typically available from your local court or its website. Start by obtaining a "Petition for Injunction for Protection Against Repeat Violence" or a similar form that your... View More
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