Criminal Defense Legal Questions

Without seeing the police report, it is impossible to definitely know why you were arrested.  However, based on legal knowledge and experience, an attorney can make a good educated guess. It is possible that you were arrested because the law enforcement officer who had you perform field sobriety exercises (often referred to as "tests") concluded you were under the influence of alcohol or some other intoxicant to the degree that your normal faculties were impaired.  In Florida, you can be convicted of DUI in two different ways:  (1) by having a BA (blood alcohol) reading above the legal limit; or (2) by your normal faculties (or ability to perform certain tasks - such as touching your nose or maintaining your balance) being impaired.  Number (2) can result in your arrest regardless of any BA reading.             ... Read Answer

You cannot run and hide from your parole and have it discharge on its own while you are on the run.  Why anyone believes this could be true is incredible to me. Your discharge date is meaningless once you go on the run, and a motion to revoke it filed. You will NEVER finish parole - it is frozen once the motion to revoke parole is filed, and no matter how long beyond your original discharge date you run, you will NEVER discharge from parole.... Read Answer

If your loved one is ineligible for parole - which presumably could be based on his charges or prior criminal convictions - then your option would be pursuing some type of post-conviction relief such as a petition for writ of habeas corpus if it is within four years from his conviction (counted roughly from the date of his last appellate ruling) or an extraordinary motion for new trial. ... Read Answer

The first things to address are getting him counsel and getting him a bond so he can be released. Then the focus can shift to the validity of the charges and attempting to get those dismissed and/or resovled favorably. Whether the arrest and/or charges stay on his record depends on how the charges are ultimately resolved. A civil lawsuit against the company may be possible and would be a separate matter from the crimianl charges. ... Read Answer

As long as the amount involved is not a felony, do this: Call the court and ask when walk ins for warrants are done. Unless you have a lawyer, a lawyer will be appointed for you. You might be better off with your own lawyer. It is a really good idea to get a cashier's check for the amount that was taken and pay it to the merchant. If the merchantr is out of business, that won't help. But a receipt showing you paid back will go over well with the judge. As it is probably a misdemeanor, unless you have an extensive record, you are looking at probation and a fine and court costs. Hopefully this happened a few years ago. Good luck to you.    ... Read Answer

Your husband should send a letter to his court-appointed attorney instructing her not to agree to any further resets of his probation revocation hearing.If your husband did violate the terms of his probation and the State can prove such a violation by a preponderance of the evidence, your husband will have to serve out his sentence and will not be released from jail until he does.  In some cases, probation violators prefer to serve their sentence jailed in their county jail rather than in a state prison.  So the strategy of resetting the case could be a conscious decision made by your husband in consultation with his attorney in order to remain in the county jail rather than being transferred to a state prison to serve out the remainder of his sentence.  He will receive the same credit toward his sentence in either instance.The only way he will be released to come home and go to work is if he wins his probation revocation hearing, he completes his sentence, or he serves enough of his sentence to be paroled.... Read Answer

Police do not have to be involved for charges to be filed. A representative from the store can file charges through the court commissioner of the county where the incident happened. If the store filed theft charges, then yes you would still have to go to court. You should get an attorney to represent you for court.... Read Answer