Drug Crimes Legal Questions

The way to help your son is to get him a criminal defense attorney as soon as possible.  He is an adult by law, and these are serious charges.  This does not constitute legal advice and does not constitute the formation of a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

The answer is it depends.  It depends on the county and the Judge.  Some Judges will allow a plea in absentia even on  cases where there is an outstanding warrant, others will not, and sometimes it depends on why the warrant was issued.  By this I mean if it was a first court appearance and you moved or it was your third failure to appear.  You should contact a criminal defense attorney in the county where the warrant was filed and see what may be available.  In Pinellas county you will probably be able to handle it without returning as long as the sentence does not involve jail.... Read Answer

We would have to review the police reports to answer properly. However, your situation is s complex area of the law because you have multiple issues: search of common area and 'expectation of privacy'; consent to search; higher standards for searching residence; etc. Please call to discuss. We would be honored to represent you. Ed Dimon 732-797-1600... Read Answer

It really depends on your Judge and your prosecutor.  You should talk to a criminal defense attorney in your county.  I would think that you can still get a withhold of adjudication which would allow you to keep driving and not get a suspension.  An adjudication causes a one year suspension. ... Read Answer

Unless your charge was dismissed, you cannot get expunged unless it was sealed for 10 years.   For information on the procedure go the the website of the  FDLE (Florida Department of Law Enforcement). If you are still unable to understand and complete the process, then you should hire an attorney.   Legal matters are often complicated. That is why an attorney has to attend 3 years of law school after attending 4 years of college. Then the lawyer has to pass the Bar exam. This is a very time consuming and expensive process.   "A lawyer's time and advice is his stock and trade." Abrham Lincoln said that.   In other words, a lawyer works by performing services and advising clients. If lawyers were to answer all questions by explaining the methods and providing all the documents, then the lawyer would have no income and would use all his time for free.   Like you, the lawyer must earn an income to support him and his family. Like you the lawyer does not work for free. In EXCEPTIONAL circumstances, a lawyer may perform pro bono services. This situation appears not to be an exceptional circumstance    ... Read Answer

We have done 10 cases like this. You must address the failure to appear by our having bail set. The bail can then be used for the fine and contempt charges. The judge will hold you in contempt for failure to appear. We will then address the actual charge. This can all be done. There are multiple steps. The cost can be significant. Ed Dimon 733-797-1600... Read Answer

You can hire an attorney and have them file a motion with the court asking to amend the terms and conditions of his probation. If the judge finds there is merit to the claims, he/she may allow what you are asking. However, I would also suggest that the basis upon which you are seeking to have those conditions amended, by themselves, is likely to be insufficient, for most judges. If you want a good chance of getting a request like that granted, you would need to be able to ensure the court that your husband has done perfectly (not just good) to this point, and that there are enough things he will be doing if the court allows him to avoid the sober living house (e.g. AA, NA, continuing out-patient paid by his insurance, etc) to satisfy the court that he will still be getting whatever treatment the court thougth was necessary. ... Read Answer

It's always hard to say whether a stop will hold up in court or not.  Obviously, you have raised some of the points that you would try to argue about whether the stop was proper. Some of this will come down to what was actually going on in the car.  Your description of events is vague-->i.e the office saw you moving in the back seat.   I recommend not posting anymore facts on this site, but instead, calling a lawyer in your area who can advise you further.  ... Read Answer

There is a process called "Discovery" which provides for you to get a report. If you have an attorney you should consult with the attorney. The attorney may be utilizing the procedure to obtain the report. Or the attorney may have decided for strategic reasons not to seek a copy.   It is advisable to retain counsel in your matter as you are facing up to 5 years prison and perhaps more depending on the type of drugs and quantity.   I practice criminal defense lawyers and I am available to be retained.... Read Answer

This comment does not create a lawyer/client relationship.  The police are allowed to enter a dwelling under exigent circumstances.  A suicidal threat is arguably exigent circumstances, but this can be argued.  If something is in plain view it is argueably grounds for charges, but this too can be argued against. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer