What will happen for violating sex offender probation?

Should I agree to answer questions from the police without my attorney present?

The right to be represented by an attorney attaches at the time that you have become the focus of police investigation and does not require that you are in actual police custody. Even protestations of innocence may inadvertently incriminate you by confirming innocent details (such as your presence at a crime scene) already known by the police. No one suspected, accused or charged with a crime should ever make a confession or statement to the police without first contacting an attorney.

Should I consent to a police search?

Any and all evidence obtained following a voluntary search is admissible in court and can be used against you. Oftentimes, the police will explain that your cooperation may help prove your innocence. They may also reason with you that if you have nothing to hide, why not consent to a search? It is important to remember that at all stages of the criminal process the burden is upon the government to prove guilt. It is never your burden to prove your innocence. Because you may not at all times know the entire contents of your home, office, or automobile, you may unintentionally incriminate yourself in criminal behavior. Therefore, it is not in your best interest to consent to a search.

Should I agree to take a lie detector test?

As with voluntary statements, the police may explain that your cooperation in taking a lie detector test may eliminate you as a suspect and disprove the accusation against you. However, the test can be administered by the authorities in an unfair or biased manner. The police are not required to take the results into account when deciding whether to charge you, and even favorable results are in most cases inadmissible in court to disprove your guilt. No one accused or suspected of a crime should ever agree to submit to a lie detector test or voice stress analysis test without first contacting an attorney.

Should I admit my wrongdoing to the police?

Your decision to “come clean” with the police by admitting your wrongdoing in the hope that the authorities will “give you a break” or in some way reward your honesty with them is probably wrong. The police are not stopping your car or interviewing you to test your integrity. Despite their statements to the contrary, the police may use any admissions you make such as “I know that I have had too much to drink” or “I know my license is suspended” to charge you with the most severe criminal offense at their disposal.

The police never read me my Miranda Rights. Does that mean that I cannot be prosecuted?

It is important to remember that any statement made by you, voluntary or otherwise, may be used against you. The failure of the police to Mirandize you may prevent law enforcement from using these statements against you. On the other hand, if the police do not need your statement to prove their case against you, their failure to Mirandize you may make no difference at all. Speaking with a qualified attorney before speaking to law enforcement may help you to avoid jeopardizing your case.

Should I take the breath test if accused of DUI?

By obtaining a Florida drivers license you have consented to provide a sample of your breath or blood when requested to do so by a law enforcement officer. Failure to take an approved breath test will result in an extended driver’s license suspension without the benefit of a hardship license. Under some circumstances, refusal to take a breath test may also result in an additional criminal charge and is admissible at trial as proof of your knowledge that you were driving with an unlawful blood alcohol level. Blood tests are often more reliable than breath tests. Requesting that the police draw a sample of your blood for testing, in addition to submitting to a breath test, will satisfy the law and preserve your rights.

What happens if I am caught driving on a suspended license?

It is unlawful to drive while your license is suspended. If you have knowledge of the suspension, the charge is a crime and the police can arrest you at the roadside. If your license was suspended without your knowledge, this is a civil infraction. You should tell the police officer that you were unaware that your license has been suspended and you should be issued a traffic citation Because the impact of either a criminal or traffic citation can adversely affect your future driving privilege, you should contact an attorney immediately.

Should I agree to cooperate with the police and testify against my friends to avoid prosecution?

You should never agree to act as an informant or cooperating witness for the police without first entering into a written contract with both the police and the prosecutor which outlines the reward to be given and the work required of you The police may offer to “put in a good word” with a prosecutor or a judge in return for your agreeing to testify against others they suspect guilty of a crime. Many times, these offers from law enforcement are made without the intention or even the ability to help you. Any verbal agreement with the authorities is not enforceable and can be reneged on by the government if not reduced to writing. If you desire to enter into such an agreement you should first retain an attorney to represent you in this very important endeavor.

What should I do if I have an outstanding warrant for my arrest?

If there is an outstanding warrant for your arrest, you have an obligation to turn yourself in. There are some things that can speed up the arrest process. Most arrest warrants come with a money bail amount assigned to them. Once you have determined the bail amount, you can turn yourself in without waiting for the police to stop you or to come to your home or business to make an arrest You can arrange with a bondsman or family member to post bond and accompany you to the jail for a “walk through” processing which can get you out of jail much more quickly. Should the warrant carry a “no bond”, or if the bond amount is beyond your financial ability to post it, you may retain a lawyer to file a motion to set or reduce bond prior to you turning yourself in.

What happens if I give the police a false name or run away when the police ask to talk to me?

If the police are investigating a crime and you falsify your identity, run away or interfere with their talking to another person, you can be arrested and charged with the crime of Resisting Arrest Without Violence You have a legal obligation to cooperate with law enforcement, but you cannot be compelled to be witness against yourself. You also have an obligation not to interfere with the police in their performance of their legal duty. It is advisable to cooperate with the police until they begin to interrogate you, at which time you are free to refuse to answer questions until your attorney arrives

Can an 21 year old get in trouble with a 17 year old just dating but the mom says no
Can a person face legal consequences when a 21 year old dates a 17 year old in Florida and the mom and dad say no

It is unlawful under Florida law to have sexual relations with a person under the age of 18 years. This is because it is presumed that children do not have the competency to consent to a sexual relationship. Even if the relationship has not become sexual, any one can make accusations which may result in a criminal prosecution. If the parents of the 17 year old do not consent to the relationship, the 21 year old is asking for trouble.

I am being charged with Grand Theft. I am a female.
I took a guitar from the stage of a former lover of a girlfriend who told her he loved her then she found out later that he had a wife and two kids. It was just a prank we pulled on him. He contacted me and I returned the guitar to him within 10 hours of having taken it. Then he decided to press charges. This man had never seen me before in his life and does not know that I am aware of his affair with my gf. When my girlfriend knew he was doing this she dropped all contact with me. I cannot locate her anywhere. She also had a boyfriend at the time and I guess she is terrified he will also find out she was unfaithful. I have never been accused or found guilty in my life of a felony or anything. I was in the PTI program but was arrested on a dui so therefore the prosecution of the Theft.

You can be prosecuted for a theft in the state of Florida if you took the property of another with the intent to deprive the owner of the value of the property, regardless of whether you returned it later because you failed at PTI the charge should be referred back to the trial Court. Although the charges brought by the government, to prove your guilt the State will need the cooperation of the owner of the property. Because of his compromised relationships, and his recovery of the guitar he may choose not to cooperate in your prosecution. You should retain an experienced lawyer to help you through this difficult criminal episode.

Will I be able to obtain a gun permit with a sealed record?
I've recently had my criminal record sealed. Am I eligible to obtain a gun permit and purchase a gun without violating any laws?

The sealing of your record entitles you to answer "no" to inquiries regarding the existence of your criminal history in most, but not all, circumstances. Your ability to possess a firearm is controlled by whether you have been convicted of a felony. Since you qualified for a record sealing, you were not a convicted felon and should otherwise qualify for a firearm permit.

Shoplifting from Walmart-Do I need a Lawyer?
I was caught shoplifting a merchandise from Walmart for $28.50. I paid them $208.50 and received a civil release letter.For me the case was solved but I just received ,after two years a letter to go to court for petit theft misdemenoar. It is my first offense. I am forty years old and I want ti solve the case and keep it off my recotd but I am not sure that I can afford a lawyer. Is there any way to react without using a lawyer or using a public defendant? Is it going to be efficient enough? Please describe me step by step the whole procedure? Also,in case I use an attorney,how much is going to cost ?

Your payment to Walmart was to settle any claim that Walmart could make against you and that release you received protects you from a civil suit. Unfortunately, theft is a crime against the State of Florida, so that now you are being prosecuted by the government for your behavior. As a criminal defendant, you have the absolute right to be presumed innocent and the state has the burden to prove your guilt. As a first offender, you may qualify to have your case referred to pre-trial diversion. Successful completion of this program ( which may include community service hours and an impulse control class) will result in the government dropping the case against you and qualifying you to have your criminal history expunged. It is always better to have an attorney represent you in any criminal matter. You should contact an attorney to find out the total cost and payment plans available. If you feel that you cannot afford an attorney, you may elect to go to your arraignment and either request the appointment of a public defender or inquire as to your qualification for pretrial diversion.

Burglary Of Dwelling with assault and battery(domestic violence)
The judge didn't gave him a bond. his wife put him in jail and now she wants to drop the charges she write a letter and she take the letter to the court. My question is: she drop the charges already by a letter. when it is the time to him to go to court the judge will leave him go or he have to stay in jail for a time in order to pay for what he did? or I'm wrong and will be occur something different of what I'm thinking. please i need help.

It is important that to remember that the State of Florida brings criminal charges with the cooperation of a "victim" or chief complaining witness. While your friend's wife has decided against prosecuting your friend, the state can continue to move forward despite her request to drop charges. Although ultimately, it may be difficult to proceed without her help. Your friend has been denied bond because of the severity of the accusations against him. Should his wife make her position clear, the Court can be approached again with this information about release on money or other conditions to ensure that he is not a danger and will return for all other court appearances. Please feel free to call our office as we can help guide your friend through this difficult situation.

FL Capital Sexual Battery.
I am typing this in for a friend who is in Jail. He has been charged with capital sexual battery in Florida. His attorney (hired by friends) has only been to see him twice and is taking the case to trial in three weeks. Until 2 weeks ago, the lawyer had planned to depose many people and hire experts. With no new discovery from the prosecution, no depositions and no experts, the lawyer now says the case is ready for trial in a couple of weeks. My friend knows this only because I told him (not his attorney). Also, at a pre-trial conference, the prosecutor offered a plea, which the defense counsel says was turned down. My friend knows nothing of this since he has not spoken with his attorney in more than a month. Should we be concerned?

No criminal defendant should ever go to court, let alone trial, without having as much knowledge as to the current status of his defense as possible. If the attorney is privately retained, your friend should request that his attorney visit him as soon as practical in jail to discuss the status of plea negotiation, witness preparation, likelihood of success at trial and alternatives available to him. If the attorney will not bring your friend up to date on the case within a reasonable time prior to court, he should begin looking for a new lawyer who will.

With a violation of public urination in Fla. will charges be dropped if the ticketing officer doesn't show up to the trial?

Whether a city ordinance or a state statute, the government has the burden to establish your guilt beyond a reasonable doubt. It is not your burden to prove your innocence. Should the officer that wrote you the citation fail to appear after having been subpoenaed,the state will be challenged to prove their case without a witness. You may want to appear and see if the officer appears. If so, find out what the state wants from you. The officer may not take a position and may agree to dismiss. If not, ask the judge to dismiss the charges for the failure of the officer to appear.

Car searched after I was "detained" and taken to jail!
After being pulled over for window tint. I was asked for permission to search car. I consented. I was placed in handcuffs and told that I was not under arrest but my DL was suspended for unpaid tickets from '08. They were suspended i found out but not for that, this suspension had just happened. I was taken to jail still not having been "arrested" and booked in. about 1 hour later my charges came down. DWLS W/Knowledge, and Poss of Drug Paraphernalia. The possession I was told by the arresting officer, "was a spoon, that tested neg for meth and that he knows its a pill" and that he didn't know what kind of pill. but I was being charged with PoDP. This is my first offense, never been arrested. in college set to grad 9n may '10 Whats the chance of pleading out of the poss of para charge?

Upon being placed in the patrol vehicle and transported to the jail and booked, you were arrested. There are two kinds of DWSLR, with and without knowledge. If you claimed at the time that you were unaware that your license was suspended, it is without knowledge and it is a traffic offense, rather than a criminal one. Be careful that should you enter a plea to the DWLSR, criminal or traffic variety, you will be one step closer to having your license revoked as an habitual traffic offender. As for the possession, the search of your vehicle may or may not be valid, and depending upon the location of the paraphernalia and/or other occupants within your car may create a motion to suppress/or to dismiss, making the whole thing go away. Also, your status as a first time offender should be explored as it may qualify your case for special handling with the State Attorney's Office. You should be certain to discuss this case with an experienced criminal defense attorney before making any decisions.

What constitutes a life felony in Florida?
I need the information for my college class. Need to know what crimes are punishable by life in prison in Florida.

Punishments can be found in Florida Statutes, section 775, and the Florida Punishment Code, Florida Statutes, section 921.0022
Here is a pretty complete list of PBL and Life Felonies for your review:
Florida
Statute Felony
Degree Description

782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon

On a job application do I have to say I was convicted of Petty Theft?
I plead no contest but on applications i put no because it doesn't say no contest just plead guilty and convicted.

When charged with a crime, the court can entertain one of several pleas: Not guilty ("I deny the accusation and hold the state to its burden to prove my guilt"), Guilty (" I did what you have accused me of doing and admit it"), or No Contest ("I am not admitting guilt, but I choose not to contest the accusation and will permit the court to sentence me") The legal effect of guilty and no contest is almost identical because the court can then sentence you by agreement or guideline. Of greater legal importance is how the court sentences you. If you receive an adjudication of guilt, that charge will stay on your criminal record forever and you should admit that you were convicted. If the court withholds adjudication of guilt (as it did in your case), you were not formally convicted and can truthfully deny the conviction. As employers become more sophisticated, they will no longer ask just about adjudication, but also withhold, probation and sentence imposed. It is important that you read the question and answer it to the best of your ability. Should this charge stand between you and employment, you may want to explore having your record sealed, which may result in the matter being substantially removed from your record and permit you to deny its existence in its entirety in most cases. You should contact an attorney with experience in records sealing.

Do I need a lawyer to attend my 1st court appearance for a DUI?
What can I expect? Can I attend and plead not guilty. then get a dismissed case (I'm hoping). or is it only just a preliminary hearing? How should
I proceed?

Upon your release from jail, you were given a court date to appear to receive the formal charges. This is known as the arraignment. At that time, the judge will present you with the charges and ask you to enter a plea of guilty or not guilty. If you retain an attorney prior to arraignment, he will enter a plea of not guilty on your behalf that will excuse you from attending the arraignment. The lawyer will then get to work addressing the charges that have been made against you and develop a strategy to resolving the case through diversion, plea, dismissal or trial. DUI is a particularly complicated charge requiring knowledge and experience that you do not have. Failure to handle a DUI correctly may result in revocation of your driving privilege for an extended period of time or even a lengthy jail sentence. If you feel that you cannot afford to hire an attorney before the arraignment, you may enter a plea of not guilty and ask the judge to appoint a Public Defender to represent you. Whether you hire a private attorney or have one appointed to you, it is never in your best interests to admit guilt at the arraignment. By doing this, you will give up the most valuable tool that you have,that is, the right to be presumed innocent and hold the state to their burden to prove your guilt beyond a reasonable doubt. Please visit my website for more information about the criminal system and feel free to call my office to schedule an appointment to discuss the various legal options available to you.

What will happen in court? I have never been arrested before? should I get a lawyer?
I got arrested for disorderly conduct and resisting arrest without violence

Upon your release from jail, you were given a court date to appear to receive the formal charges. This is known as the arraignment. At that time, the judge will present you with the charges and ask you to enter a plea of guilty or not guilty. If you retain an attorney prior to arraignment, he will enter a plea of not guilty on your behalf that will excuse you from attending the arraignment. The lawyer will then get to work addressing the charges that have been made against you and develop a strategy to resolving the case through diversion, plea, dismissal or trial. If you feel that you cannot afford to hire an attorney before the arraignment, you may enter a plea of not guilty and ask the judge to appoint a Public Defender to represent you. Whether you hire a private attorney or have one appointed to you, it is never in your best interests to admit guilt at the arraignment. By doing this, you will give up the most valuable tool that you have,that is, the right to be presumed innocent and hold the state to their burden to prove your guilt beyond a reasonable doubt. Please visit my website for more information about the criminal system and feel free to call my office to schedule an appointment to discuss the various legal options available to you.

Do I need a lawyer for my first court appearance?
My charges are disorderly conduct and resisting an officer without violence.

Upon your release from jail, you were given a court date to appear to receive the formal charges. This is known as the arraignment. At that time, the judge will present you with the charges and ask you to enter a plea of guilty or not guilty. If you retain an attorney prior to arraignment, he will enter a plea of not guilty on your behalf that will excuse you from attending the arraignment. The lawyer will then get to work addressing the charges that have been made against you and develop a strategy to resolving the case through diversion, plea, dismissal or trial. If you feel that you cannot afford to hire an attorney before the arraignment, you may enter a plea of not guilty and ask the judge to appoint a Public Defender to represent you. Whether you hire a private attorney or have one appointed to you, it is never in your best interests to admit guilt at the arraignment. By doing this, you will give up the most valuable tool that you have,that is, the right to be presumed innocent and hold the state to their burden to prove your guilt beyond a reasonable doubt. Please visit my website for more information about the criminal system and feel free to call my office to schedule an appointment to discuss the various legal options available to you.

Husband arrested for VOP? What are chances for reinstatement?
10 yr probation--has served 8 yrs-first and only violation of assigned curfew because I was stuck at my job with no way home--he left to come get me and was pulled over 1/2 block from my job--no citation was issued.-but he was arrested for violating curfew? My husband has never violated probation before-he has always complied with the requirements of his probation--taken classes,paid fines, curfew,etc--but he hasn't had the same probation officer--he's had about 9 different ones and the most recent one was just assigned to him @ 1week before the VOP.

How far do you have to go to be arrested for prostitution? You cant get in trouble for emails and not acting out on it right?
To accurately answer your question, I will need some additional information. First, are you suspected of soliciting for prostitution as the prostitute or the customer? Florida law treats this behavior differently depending upon the offer and the acceptance of the proposed agreement to commit prostitution. Second, have you been arrested, charged or merely accused? Was this an undercover "sting" operation by law enforcement, and if so, what was recorded/videotaped, that is, what proof do they have? Finally, in what county did this allegedly occur? Various counties within the Central Florida area treat these matters very differently. Upon receipt of additional information, I would be happy to answer any questions you may have