I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More

It depends on what you mean by "he thinks he can." No police officer may lawfully search a vehicle without consent or warrant just because the officer feels like it. The non-consent, non-warrant circumstances that may legally justify a search include search incident to an arrest (which... View More

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answered on May 4, 2025

If you never had a written agreement then you need to ask the buyer whether they want to purchase with a tenant in possession or not. If yes they will want a new lease but they can prepare it after closing. If they don’t then it’s your responsibility to make sure he is out prior to closing.... View More

You don't indicate which State or federal court this took place in. You could start by contacting the clerk for that court to see obtain copies of the sentencing documents. You may not have been "convicted" in a way that would deprive you of your 2nd Amendment rights. In Florida, you... View More

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

Given the age of the alleged crime and given that U.S. Citizenship & Immigration Services will be focusing on the past 5 years (or 3 years if basing your case on marriage & cohabitation with your U.S. Citizen spouse) for evaluating good moral character, you should be ok if that is your only... View More

You are actually asking a criminal law question. If your parents are on board and no one is taking the matter to the police or the State Attorneys Office then no one is going to prosecute just because he signs the birth certificate. Speak with a local criminal defense lawyer for more specific... View More

The basic answer to your question is that the State Attorney can amend the charge at any time including during a trial until the case is given to the jury to deliberate. If the charge is amended, the State Attorney will need to Arraign you on the new charge. They do not need to rearrest or re-book... View More

Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially... View More

It appears that the new charge, robbery, was in addition to the previous charges, to which you were placed on probation. If you were also convicted of the robbery charge, yes, that would be a new, separate violation. Your attorney should have made sure you understood.

The only pro bono representation available for criminal court is the Public Defender's Office and other court-appointed lawyers. However, there are jail/prison rights advocacy organizations that might be able to provide assistance regarding the medical treatment issue. One is the Florida... View More

From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More

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answered on Mar 23, 2025

The answer to your question would require a little more information. It sounds like you are on felony probation and allegedly violated some conditions not indicating a new arrest. If the warrant has already issued it will likely have a bond recommendation which more often than not is a no bond... View More

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you... View More

Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."

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answered on Mar 13, 2025

You should definitely consult with an attorney prior to your arraignment. If the property was worth $100 or more it is actually a first degree misdemeanor punishable by up to a year in jail. If you can't afford to hire a private attorney you can apply for the public defender as well. Wal-Mart... View More

If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More

You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.