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answered on Aug 9, 2023
In many jurisdictions, the eligibility for expungement of a child abuse felony depends on factors such as the severity of the offense, the time that has passed since the conviction, your criminal record, and other individual circumstances.
In some states, certain serious offenses, including... View More 
answered on Aug 9, 2023
Whether a case can be expunged has more to do with what the outcome of the case was than what the charge was. If the case was dropped, you will have a better shot. If the outcome was a withhold of adjudication it would require a sealing for ten years if you are even eligible. That is dependent on... View More
Judge acting with total absence of all jurisdiction. violation of civil right of procedural due process of law, access to the court and self-representation. Illegally ruled me a vexatious litigant to prevent me from defending my case.
answered on Aug 7, 2023
This is a question and answer forum forum, and you have no question here. If your question would be, "What litigation steps should I take in my case now?", that type of question, which would seek specific legal advice about your ongoing litigation, can be answered only by scheduling a... View More
Arrested on a felony battery charge, bond was set but was recommended defendant remain in County custody until case is resolved. We are working to get charges dismissed. There is an ICE hold, defendant only recently submitted asylum paperwork prior to arrest. Will ICE still detain defendant if he... View More
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answered on Aug 7, 2023
Possibly. Whether ICE will detain depends on his immigration status, the reason for the ICE hold, and the specific circumstances of the case. It's essential to consult with an immigration attorney to understand the situation better and get accurate advice. You don't need a conviction to... View More
Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More
answered on Aug 6, 2023
You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More
Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More
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answered on Jul 28, 2023
Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.
However, as a general principle, the use of video footage with audio for a criminal investigation... View More
I know what the discovery is but what is the purpose of demand for reciprocal discovery
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answered on Jul 25, 2023
Rule 3.220 of the Florida Rules of Criminal Procedure outlines each side's obligations to disclose things pertaining to the case. Discovery obligations are different for each party and have various time limits associated with those obligations. A defense filing of a Notice of Intent to... View More
Is not a firearm under sec 790.01(6) fss 1993. At the sentencing hearing the court believed that it would be invading the province of the jury to find that the evidence did not meet the statutory definition of a firearm. In spite of the law, the court imposed a life sentence. Is this legal? My son... View More
answered on Jul 25, 2023
You are correct that a BB gun is not a firearm and the charge would be wrong. Robbery with any deadly weapon is a PBL, that is punishable by life. You would have to go back into the record to find out if the information made an allegation of a deadly weapon. The maximum sentence for a simple weapon... View More
Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.
A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More
answered on Jul 24, 2023
I agree with the first attorney's answer. Deal directly with the police. In addition, go directly to your post office and speak to the Postmaster. They can verify any claims. Also, if your mail is being stolen you may need to invest in a locked mailbox or register for a small post office box... View More
Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.
A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More
answered on Jul 24, 2023
I wouldn't worry about revenge, but I would be hesitant to fill out the affidavit insofar as personal data is requested. You indicate it is supposedly from a police department; I would contact the police department independently (not using the contact information you received in the mail) and... View More
Someone has been stealing money from my dad's account in which they're only supposed to be helping him pay his bills! He's 80 and it's 40k after two two yrs..im his son on the account as sole beneficiary! Is it criminal for me to go on a smear campaign after giving the person a... View More
answered on Jul 22, 2023
If by "smear", you mean to publicly say or write bad and untrue things about the person, that's defamation. Defamation is not criminal, but you can be sued in a civil case for money damages if you do that. One thing you might want to do instead is to report the matter to the... View More
He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years
answered on Jul 18, 2023
To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More
answered on Jul 14, 2023
Typically no. Some judges will allow fines and court costs to be entered as a lien against a Defendant. Some judges will allow a Defendant to perform community service in lieu of some of the obligation. This would typically need to be requested by the filing of a motion or it could be specified as... View More
My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.
answered on Jul 11, 2023
The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a... View More
answered on Jul 10, 2023
There are typically two ways to have the State agree to reduce a charge. (1) Your attorney can negotiate a reduction as part of the plea negotiations or (2) Your attorney can point out to the prosecutor issues as it relates to a lack of evidence to prove all of the elements of the alleged crime or... View More
answered on Jul 8, 2023
As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More
After a fire in my home a
Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More
answered on Jun 16, 2023
This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More
Now it's in the police getting involved and they want to talk with me appending the investigation. What would be my approach?
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answered on Jun 14, 2023
You should absolutely not speak to the police without first consulting, an attorney, who not only is experienced with these types of cases involving inappropriate contact, but focuses their entire practice in representing people with these types of accusations. The police might lull you into a... View More
I used his .22 revolver in the state of Florida at a range. I used another revolver .38 that he rented with his money at the range, and I used a stranger's Glock 9mm handgun as well at the range. I shot at targets and learned how to load and reload them, nothing else. Is it illegal for my... View More
answered on Jun 14, 2023
No, assuming you are not disqualified from possessing a firearm (because of a felony conviction, for example) it is not illegal for you to borrow and fire someone's firearm at a gun range.
But, for the safety of yourself and others, be sure someone gives you basic firearms safety... View More
The template I'm using asks for his address. Do I put the address of the jail he is currently at now or his official (home) address before he got locked up?
2) Also what would I fill in as the witness? Can I leave that blank for the jail deputies to fill out as they would be the ones witnessing ?
answered on Jun 14, 2023
Yes, I would advise to use the most recent home address and then leave the witness sections blank as it will be handled at the execution of the document in jail with his signature, witnesses and notarization. If this is Florida, be sure you are up to date on the Power of Attorney, many sections... View More
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