Can the judge revoke the misdemeanor and reinstate the felony?
answered on Feb 2, 2023
If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year... Read more »
I was set up in 2020 by UCs on a controlled sale. It was in the middle of the pandemic. It really is bugging me that the whole world was completely shut down from a global pandemic where everyone lost there jobs and cops were out there trying to buy drugs from people. So I’m wondering if there is... Read more »
answered on Feb 1, 2023
While law enforcement efforts in many areas slowed down considerably, your thought that law enforcement resources should have been paused during this period is ludicrous. The pandemic didn't stop you from selling drugs, did it? Why should police efforts stop. Should police have stopped making... Read more »
A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »
answered on Feb 1, 2023
A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »
I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.
Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »
answered on Jan 28, 2023
You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »
Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »
answered on Jan 27, 2023
It is best to consult with a civil attorney who handles this type of claim.
I no longer have a lawyer due to my terminating him cause of incompetence. The judge denied a continuance for me to hire a new lawyer and said I would have to defend myself at trial but I know nothing about the law.
answered on Jan 27, 2023
It is unwise to terminate your lawyer without promptly hiring another lawyer as a replacement.
Many defendants do this in order to delay a trial or other important hearing.
You absolutely have the right to terminate your own attorney at any time for any reason, but exercising your... Read more »
Hey detective came to our home in hopes of meeting with us in person and showing us a video he claims we are in when nobody answered the door he proceeded to go to our backyard and jump our fence to get in the yard and take photos is this legal action?
answered on Jan 25, 2023
No. It's not legal. Law enforcement need a warrant to enter your property unless exigent circumstances exist. Any evidence obtained during this illegal entry should be inadmissible in court. You could file a complaint with the officer's department, but there's no civil claim I can... Read more »
Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured
Families are living here, including me... Read more »
answered on Jan 25, 2023
Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.
answered on Jan 23, 2023
First of all, sorry to hear you got arrested. When it comes to trafficking in cocaine, the punishment depends on the quantity in your possession. The fact that this is your first offense will be taken into consideration.
Secondly, I need more information to advise you on your chances of... Read more »
My husband was charged in his statute was S893.135(1)(c)4B1 and then his charge was amended and it's showing S893.135(1)(c)4A
answered on Jan 12, 2023
Apparently, the state is now claiming that the amount of the illegal drug is "4 grams or more, but less than 14 grams". If he is convicted, an enhanced sentence will be imposed.
Conviction was non violent, I compleated my probation in nc and then moved to Florida. I'm not sure if I would need to hire a Florida lawyer or a nc lawyer to have 2nd amendment rights restored.
answered on Jan 8, 2023
You're assuming you must hire a lawyer, which is not necessarily the case, but a lawyer could do the "homework" and communications for you, saving you time. As to where you need to initiate the process, it's likely in the State where you were convicted. Read the entire page... Read more »
I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?
answered on Jan 7, 2023
No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?
I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?
answered on Jan 9, 2023
The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final... Read more »
Never sign contracts app
answered on Jan 6, 2023
There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.
If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?
answered on Jan 4, 2023
Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.
answered on Dec 31, 2022
No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).
My mother tried to kill me 43 years ago, with a frying pan. I gave a statement to Buncombe county sheriffs office about a month ago however, I have not heard back from them maybe because it’s a case that comes out of Florida. I want to know before going down there to press charges against her if... Read more »
answered on Dec 28, 2022
Sorry to hear about your terrible ordeal. What I'm about to tell you here is not a reliable professional opinion; for that, you need to schedule a consultation with an attorney with expertise in Florida criminal homicide laws, and you should be able to arrange a virtual or telephonic... Read more »
Someone I thought a friend kicked in my door and started taking my things. I told the landlord I lived alone and to not let anyone in. He did anyways. My so called friend was clever enough to print out some that looked like mail with my address on it. So the police made no arrest and I was taken... Read more »
answered on Dec 27, 2022
Depending on the circumstances, your landlord might be complicit in the theft. But it is you, and not the landlord, who is the victim.
answered on Dec 27, 2022
Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).
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