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Patrick Johnson
You answered your own question. You will be charged with simple possession.
You answered your own question. You will be charged with simple possession.
Patrick Johnson
Go to the courthouse of the county where your husband was convicted and ask the court clerk for a copy of the judgment form. Get it certified.  That will tell you what happened. I would then take the paperwork from the clerk and hand carry it to the AFT to show it how the charge was disposed... Read More
Go to the courthouse of the county where your husband was convicted and ask the court clerk for a copy of the judgment form. Get it certified.... Read More

Should my girlfriend go

Answered 3 days ago by attorney Diane Buerger | 1 Answer

Legal Topics: Criminal Law

Diane Buerger
I cannot advise you or your girlfriend as to what you should do.  However, here is some general information that may be useful: Generally, in Florida, unless a person is served with a subpoena that orders him/her to appear at a specified location at a set time, to testify or provide... Read More
I cannot advise you or your girlfriend as to what you should do.  However, here is some general information that may be useful: Generally, in... Read More
Diane Buerger
If it is a criminal case, you are unlikely to find a pro bono attorney willing to represent you since in Florida you are entitled to the services of an attorney who works for the Public Defender's Office if you are considered indigent. If it is a civil case, most counties have an agency that will... Read More
If it is a criminal case, you are unlikely to find a pro bono attorney willing to represent you since in Florida you are entitled to the services of... Read More
Ronald L. Freeman
This goes without saying, but if you are charged with a felony you are facing very serious jail time. At your first hearing if you do not have a private attorney you can ask to have you case assigned to the public defender's office. The best advice anyone could give you is to hire a private... Read More
This goes without saying, but if you are charged with a felony you are facing very serious jail time. At your first hearing if you do not have a... Read More
Diane Buerger
Assuming the alleged victim was properly subpoenaed for court, the court has discretion to issue a "writ of bodily attachment" -- directly law enforcement to locate and take custody of the alleged victim who can be held pending the court hearing or trial for which he/she was subpoenaed. 
Assuming the alleged victim was properly subpoenaed for court, the court has discretion to issue a "writ of bodily attachment" -- directly law... Read More
Diane Buerger
My initial thought is that not all jury instructions finally given to the jury match the proposed jury instructions initially submitted. Often, following submission of the initially proposed jury instructions, changes are made due to objections, motions, and legal argument to the court.... Read More
My initial thought is that not all jury instructions finally given to the jury match the proposed jury instructions initially submitted. Often,... Read More
Edward J. Zohn
Hello,   The answer to your question is highly individual, and very much dependent on the charge, the court, your record (if any), etc.   Please call if you are interested in representation or an in-person consultation. Thanks, Edward Zohn, Attorney at Law 908.791.0312
Hello,   The answer to your question is highly individual, and very much dependent on the charge, the court, your record (if any), etc.  ... Read More

how can they give u more time

Answered 8 days ago by attorney Patrick Johnson | 1 Answer

Legal Topics: Criminal Law

Patrick Johnson
There is difference between what his actual sentence is and what his RED (release eligibility date) is. It sounds like his RED was 4/17 but his actual sentence end time is 4/2022. I would suggest that you contact the Department of Corrections and talk with them.
There is difference between what his actual sentence is and what his RED (release eligibility date) is. It sounds like his RED was 4/17 but his... Read More

My daughter was arrested

Answered 12 days ago by attorney Diane Buerger | 1 Answer

Legal Topics: Criminal Law

Diane Buerger
If your daughter entered into a diversion program and doesn't want in it, she can decline to participate -- and most likely will be thrown out of the program.  However, some deferred prosecution agreements state the person's case will return to the court system for further prosecution.... Read More
If your daughter entered into a diversion program and doesn't want in it, she can decline to participate -- and most likely will be thrown out of the... Read More
Richard L. Hughes
There is a very good chance that the Speedy Trial Act may bar the State from prosecuting you on the charge at this time provided you were not a fugitive.
There is a very good chance that the Speedy Trial Act may bar the State from prosecuting you on the charge at this time provided you were not a... Read More
David B. Harrison
I do not beleive there is a law requiring it but I do believe if asked, the law enforcement agency likely will return it (so long as it is a legal firearm) and if not a motion can be filed with the court asking that the Judge order them to return it. 
I do not beleive there is a law requiring it but I do believe if asked, the law enforcement agency likely will return it (so long as it is a legal... Read More
Patrick Johnson
Bonds are for defendants who have not been sentenced. Your husband has been sentenced and is not entitled to a bond. 
Bonds are for defendants who have not been sentenced. Your husband has been sentenced and is not entitled to a bond. 
Edward J. Dimon
The key is clarifying what took place. There are multiple ways to recreate the record. We can help you recreate the record and then work to mitigate the consequences. We have done similar cases. Please call to discuss. Ed Dimon 732-797-1600
The key is clarifying what took place. There are multiple ways to recreate the record. We can help you recreate the record and then work to mitigate... Read More
David B. Harrison
You need a criminal defense lawyer familiar witht he prosecutor's office and Judges in the county where you were charged. I handle those types of cases all the time. 
You need a criminal defense lawyer familiar witht he prosecutor's office and Judges in the county where you were charged. I handle those types of... Read More

Code violation fines

Answered 26 days ago by attorney Alan J. Goldberg | 1 Answer

Legal Topics: Criminal Law

Alan J. Goldberg
IT APPEARS AS IF CODE ENFORCEMENT IS CLAIMING THAT YOU HAVE AN ILLEGAL BASEMENT APARTMENT. YOU WILL BE REQUIRED TO REMOVE THE KITCHEN AND OCCUPANTS. THE MONETARY FINE CAN USUALLY BE NEGOTIATED.
IT APPEARS AS IF CODE ENFORCEMENT IS CLAIMING THAT YOU HAVE AN ILLEGAL BASEMENT APARTMENT. YOU WILL BE REQUIRED TO REMOVE THE KITCHEN AND OCCUPANTS.... Read More
Frank J. Steiner
Depends on wheteher or not you have a criminal record. If this is a first offense you might qualify for a pretrial diversion.
Depends on wheteher or not you have a criminal record. If this is a first offense you might qualify for a pretrial diversion.

how to get a restricted license

Answered 30 days ago by attorney Patrick Johnson | 1 Answer

Legal Topics: Criminal Law

Patrick Johnson
Contact the department of safety and ask it.
Contact the department of safety and ask it.

Loss and Won

Answered 30 days ago by attorney David B. Harrison | 1 Answer

Legal Topics: Criminal Law

David B. Harrison
No governmental entity keeps such records. Lawyers may keep their own record s of such things - but be careful of statistics like that as what can be called a "win" may vary from lawyer to lawyer and case to case. (As an example, if a person is charged with DUI but gets convicted of DWAI, the less... Read More
No governmental entity keeps such records. Lawyers may keep their own record s of such things - but be careful of statistics like that as what can be... Read More
Edward J. Dimon
The criminal judge sets the sentence based upon a multitude of factors which are established by the legislature and prior case law. For example, the judge must start with the presumption of jail if there is a Second Degree crime and must start the consideration at seven years. The judge finds... Read More
The criminal judge sets the sentence based upon a multitude of factors which are established by the legislature and prior case law. For example, the... Read More
Diane Buerger
Presumably any experienced criminal defense attorney already knows the procedure for filing a motion in limine, or, in the alternative, for making the appropriate objection at trial.  The defendant's constitutional right to confrontation of a witness is normally the primary aid to the defense... Read More
Presumably any experienced criminal defense attorney already knows the procedure for filing a motion in limine, or, in the alternative, for making... Read More
Jason W. Swindle, Sr.
In order to solve the problem, your boyfriend's lawyer needs to get an affidavit from you or ask you to make an appointment with the Victim Advocate at the DAs office.  Tell the VA what happened and the lawyer will get this info to the ADA handling the case.  Depending on the county, the... Read More
In order to solve the problem, your boyfriend's lawyer needs to get an affidavit from you or ask you to make an appointment with the Victim Advocate... Read More

Cost to get a restaning order

Answered a month ago by attorney Diane Buerger | 1 Answer

Legal Topics: Criminal Law

Diane Buerger
If you are referring to an injunction for protection, it does not cost anything.  There is no filing fee.  You can go to the Clerk of Court Office and get a form/petition to file for the protective injunction.  You can complete it and file it while you're there.  A judge will... Read More
If you are referring to an injunction for protection, it does not cost anything.  There is no filing fee.  You can go to the Clerk of Court... Read More

statute of limitations

Answered a month ago by attorney Patrick Johnson | 1 Answer

Legal Topics: Criminal Law

Patrick Johnson
In my opinion this is not attempted murder. Even if it was, the statute of limitatons has long passed.
In my opinion this is not attempted murder. Even if it was, the statute of limitatons has long passed.
Diana L. Anderson
Yes ! Of course you can.  Go to the local police station and report the assualt immediately.  Good luck to you.   
Yes ! Of course you can.  Go to the local police station and report the assualt immediately.  Good luck to you.   
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