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I have an upcoming hearing for a injunction that was filed against me, I haven’t violated the order whatsoever and have been waiting for my court date, the opposing counsel made an offer for a one-way contact order, I’m trying to figure out what that means
answered on Sep 20, 2023
Typically, this creates an avenue for a respondent (person who has been served the injunction) to communicate with a a petitioner (person seeking the injunction) for limited purposes. Unless you filed an injunction back at them, the contact order is already one-way (The petitioner is not legally... View More 
never charged for expired tag but did give me a ticket for dwls hto, is that legal? im taking it to trial.
answered on Sep 18, 2023
The expired tag gave the officer probable cause to make a valid stop. Then, your license was suspended, so yes, that is legal. You really should have a lawyer to help you defend your case, if you don't have one already.
(not intended to be legal advice, since I do not have all the... View More
I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.
answered on Sep 6, 2023
Depending on the jurisdiction, it may be possible to engage an attorney to approach the Prosecutor's Office about having the warrant withdrawn. An obstacle may be whether a prosecutor has been assigned to the case. Your attorney can determine who sought the warrant and approach that person.... View More
I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.
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answered on Sep 5, 2023
In Florida, as in many other places, if there is an active warrant for your arrest, it typically means that law enforcement has obtained a judge's authorization to arrest you based on probable cause for a specific offense. Warrants can be issued for various reasons, including criminal charges... View More
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were granted permanent residence but failed to go to the interview/complete process. Three months... View More
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answered on Sep 3, 2023
Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would... View More
My Mother is seeking visitation to the U.S., Is an I-212 waiver the best approach?
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were... View More
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answered on Sep 3, 2023
Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would... View More
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answered on Sep 1, 2023
In Florida, if you are acquitted of premeditated murder for a specific incident, the state generally cannot try you again for felony murder based on the same underlying facts and circumstances of that incident. This principle is known as "double jeopardy," which is a constitutional... View More
Only telling the officer it was in self defense.
answered on Aug 26, 2023
Certainly. He should contact an attorney before saying anything.
ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE
THIS CAUSE, having come on to be heard on the Surety, XXXXX, Motion to Set Aside and the Bond Estreature and the Court having considered the circumstances, the agrcement of the parties, and being otherwise advised in the premises, it is... View More
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answered on Aug 23, 2023
Minor typographical mistakes aside, this Order is fairly standard and simply means that the surety (bail bondsperson) is no longer responsible to pay the Clerk the bail amount. Either the Defendant was surrendered or the Court vacated the estreature for other reasons.
I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps?
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answered on Sep 11, 2023
The process of expunging an arrest record can vary significantly based on jurisdiction, the nature of the offenses involved, and other factors.
In general, to pursue expungement, you would likely want to take the following steps:
Review your Eligibility: Different jurisdictions have... View More
I was violated for allegedly be alone with my son. The officer that made the report did not witness me alone with my son, nor did the officer who visited my home the night beforehand and reported back to my primary officer
answered on Aug 9, 2023
I believe you mean libel (written defamation of character) - that is, can he be held liable for libel? First, you must be cleared of the probation violation charge. If you are found guilty, you likely cannot sue anyone for anything regarding the charge - so if the charge is still pending, you... View More
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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 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
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