Week of November 7, 2011
Here are the answers to several recently asked legal questions. Being accused of a criminal offense often poses several questions. By sharing these questions, perhaps your concerns can be addressed too. My answers are general and not intended to be legal advice for your specific case. The questions have been re-posted as asked and without correction/editing.
(Topics: Juvenile arrest, delinquency, sealing criminal history, expunge criminal history)
Question:
Can your Juvenile record hold you back from a job in your adult years?
Answer:
The Clerk of Court provides for confidentiality of a juvenile arrest or prosecution. An employer or college may consider a juvenile criminal delinquency record even during your adult years. Employers and educational institutions ask about criminal history in different ways. Always understand the end results of your juvenile record, and what you must disclose for sealing or expungement. For example, the question "have you been convicted of a crime?" is very different from "have you been charged with a crime?" If your case has been either sealed or expunged, there are a number of situations where you MUST disclose the record. For a State of Florida sealing or expunction if you are applying to the military or to be a teacher you must disclose the criminal or juvenile record. Jeanette Bigney can review your case and see if you qualify for a sealing or expunction.
(Topics: Entrapment, Motion to Suppress, Conflict of Interest, Witness< Confidential Informant)
Question:
I was accused of selling a narcotic prescription loratabs [prescription drug] by a CI (confidential informant) who has had the same drug felony charges in the past and the way she gets off is by entrapping others how do I go about fighting these charges. In addition I have a public defender is that a conflict, the CI works for the state?
Answer:
Selling or passing drugs to a confidential informant, also known as a "CI", is a tactic police officers use. The agreement between the confidential informant, the government and the police officers is between those parties. However, the informant’s criminal history is related to his or her credibility if your case goes to trial and the tactics used by the confidential informant. If you believed you were entrapped your attorney can seek out evidence such as reports, recordings, witness statements and seek a hearing on the case. An attorney can help you understand what entrapment is and determine if seeking a hearing would be beneficial to your case. Criminal defense lawyer Jeanette Bigney can review your case to see if you were entrapped. The Office of the Public Defender often seeks to withdraw from cases if there is a conflict of interest. If you cannot afford an attorney, the judge will appoint a conflict attorney. It is up to you to be pro-active and voice concerns if there is a conflict. If you are considering hiring an attorney, contact Jeanette Bigney.
(Topics: Bond, capias, arrest warrant, failure to appear, and waiver of speedy trial)
Question:
What happens when someone fails to appear and they are out of jail on bond?
Answer:
If you fail to appear for a court date, the clerk will establish that the defendant was given notice of the court hearing. Usually, signing a Notice to Appear does this or it is reflected on court paperwork. If you fail to appear at a court hearing, your bond can be forfeited, a capias (or arrest warrant) will be issued, and you will waive speedy trial. Upon being arrested after a failure to appear for a scheduled court, you may be put on “no bond” status, be given a higher bond amount or other conditions to ensure you show up at future court hearings. Criminal defense attorney Jeanette Bigney can assist you with if you fail to appear at court, if there is an arrest warrant, or if you are on “no bond status. Call her Central Florida office today.
Week of October 24, 2011
(Topics: Motion to Suppress, Civil Traffic Infraction, Taillight, and Traffic Stop)
Question:
Can [a] judge deny a Motion to suppress a stop for a taillight even thought it was daylight 6 pm for a broken taillight? Can the judge deny the motion for that even though there was no traffic infraction?
Answer:
A judge can make a ruling based on the applicable law and the facts testified to at the Suppression Hearing. There is an appeal process that can be followed if the judge did not follow the law.
To elaborate on your question, a Motion to Suppress [Evidence] applies when some criminal charges stem from a bad stop or civil infraction. Civil traffic infractions can include speeding, failure to wear a seatbelt, failure to obey a traffic control device, no turn on red, and in this case, a broken taillight (technically, equipment violation). A broken taillight could warrant a Uniform Traffic Citation and a legal basis for a stop. If there is a factual dispute a judge's ruling is discretionary.
(Topics: Possession of drugs, Illegal Possession of Prescription Drugs, Possession of Hydrocodone, Drug Court, Probation, Transferring Probation)
Question:
I was arrested for possession of drugs. I was offered drug court but couldn't be there on time at such short notice because I have to young children and I can't afford it. I also want to leave to go back home to a different county. What should I ask for?
Answer:
There are several questions and issues. Here are a few answers:
If you want out of drug court, you are subject to being brought back for trial and sentenced if the state can prove the charge. The risk of facing the trial court can include probation, fines, and jail or prison time depending on the criminal offense.
If you cannot pay for drug court, your attorney can see if the costs can be modified. As to one of your questions, you have young children, then you need to understand that drug court is not meant to be convenient or easy; however, the benefit is you receive substance abuse treatment and bypass harsher criminal sanctions (punishments like jail or prison)
If you want to stay in drug court but need to relocate, your attorney can petition to have your case transferred to another county. However, this is not always possible, depends on other counties programs and availability.
(Topics: Sentencing, Felony, Grand Theft Auto, Grand Theft Motor Vehicle, and Immigration. Deportation)
Question:
In the state of Florida, if a person pleads guilty to grand theft auto what is the min/max likely sentencing? Also, is there a good chance this person would be deported if he/she is not a legal US citizen?
Answer:
An attorney can help you understand the criminal charge of Grand Theft Motor Vehicle.
If you are found guilty after trial or if you decide to enter a plea to the offense of Grand Theft Motor Vehicle (Florida Statue, 812.014), a felony of the third degree. The sentence for a Grand Theft Automobile, or any felony of a third degree, may include a term of probation or imprisonment not to exceed five (5) years and up to $5000.00 in fines.
Any criminal act can leave a non-U.S. citizen in a difficult situation. My clients are advised to consult with an immigration attorney. I will work your immigration attorney so you can have the most favorable outcome in both areas.
(Topics: Sealing Criminal History, Expunction, Arrests, DUI, Driving Under the Influence, Legal Consultation, Public Records)
Question:
Is it legal for sites like, _______________________, etc. to put public information on their websites about a person? I received a DUI, Fourth of July weekend of this year. I was just curious. How can I get this record sealed for a good price?
Answer:
I am unable to answer the question as asked because there are too many unknown factors. The cost of sealing or expunction, depend on the your record, location of your DUI case (or other criminal case) and the experience of an attorney, Most attorneys will charge their legal fee plus costs. Costs may include the Certificate of Eligibility fee and Clerk of Court fees.
It is legal for sites to publish this information. Arrests, mug shots, and criminal charges published on sites are often generated from legitimate public records. When a person is arrested or charged with a crime, there may be a booking photo, and information available from the Clerk of Court. Arrest and criminal charges are generally public record to the extent that even the police report can be viewed.
Before you consider either sealing or expunction of your Driving Under the Influence case, the criminal case must be closed and recorded by the Clerk of Court. How the DUI case was closed will determine what relief can be sought. The closed result, or disposition, and past criminal history are major factors in whether case can be sealed or expunged.
A plea of either guilty or no contest entered to the charged offense of DUI will generally result in an adjudication of guilt. Any history of an adjudication of guilt, whether it was to a DUI or other crime, will prevent you from sealing or expunging your criminal history. However, if there was a reduction or change in the criminal charge at the time of plea and a withhold of adjudication was entered you may qualify for a sealing.
If your DUI was dismissed, not charged by the State, or dismissed after completion of a diversion program, you may qualify for an expunction.
If you are interested in sealing or expunging an arrest or criminal history, there are several factors to consider. Some factors include: Criminal offense, disposition of the criminal offense, past criminal history, potential employment, potential student enrollment, and other applications. There are some instances, and it is limited, where criminal history must be disclosed even if the criminal case was successfully sealed or expunged.
(Topics: Juvenile, Delinquency, Probation, and Juvenile Probation)
Question:
How late can a juvenile probation officer call or stop by in Florida?
A juvenile probation officer can call or stop by during reasonable hours and in relation to his job duties. There are special and general conditions of probation whether it is county, state or juvenile probation. Sometimes judges give probationers conditions such as a curfew, a special conditions of probation. A probation officer can check on his ward, or probationer, as it relates to the probationary terms.
Anyone placed on probation should review and clearly understand the terms of probation relating to his or her case.
