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  1. Retail Fraud / Shoplifting: Re: Answers to Common Questions

    You also need mental health help. You do know that, right? The criminal justice system can't give you that. I'm sure you realize consciously that there's nothing in Walmart worth ruining your life...
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    Drug Possession: Re: Misdemeanor Drug Charge

    That's the kind of analysis the GF's attorney will conduct. She must either hire a lawyer or apply for a public defender. This is not amateur stuff...
  3. Chemical Tests: Re: Can You Fight BAC Readings Based Upon Discrepancy Within the Margin of Error

    There is also the issue of mouth alcohol, which is why admissible breath test results have to be taken after a waiting period. The only significant results are the two that were taken two minutes...
  4. Field Sobriety Tests: Re: How Can You Have a Positive BAC Despite Not Having Consumed Alcohol

    DUI in Florida requires being under the influence of alcohol or controlled substances. It does not include being tired. The Intoxilyzer 8000 is the instrument most commonly used in Florida - perhaps...
  5. Drunk and Impaired Driving: Re: Impaired Driving

    An officer has to have evidence constituting probable cause to believe the crime cited has been committed. Any crime. Analyzing the credibility of that evidence is indeed subjective, which is why...
  6. Providing to a Minor: Re: Charged With Selling Alcohol to a Minor Despite Checking the License

    You may have a valid defense. You need to talk to a lawyer. You do not want a criminal record of any kind. If you do not qualify for a public defender then hire a lawyer.
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    Sex Offenses: Re: Self-Defense Against Sexual Assault

    Imagine a world where someone could shoot someone else, say it was self defense, and the police said, "oh, okay, no need to look into this then..." Of course law enforcement will investigate to...
  8. Drunk and Impaired Driving: Re: Can You Be Charged With DUI After Treatment at a Hospital

    Don't know what state you are in, so I'll share how it works in my state (and probably most others). There is a blood draw for DUI which requires consent. Then there is medical blood, drawn by the...
  9. Domestic Violence: Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    If there are independent witnesses or documented injuries it is improbably that a prosecutor will drop this. Without a cooperative victim, independent witness, or injuries a conviction is very...
  10. Background Checks: Re: Ncic Check for Government Job (Swearing In)

    The only thing that should show up on an NCIC report should be law enforcement contact that resulted in arrest and/or criminal charge (not all criminal charges result in arrest and not all arrests...
  11. Sentencing: Re: What is the Punishment for Multiple Misdemeanors

    Michigan, shoplifting, DV. It may be best for you to try to work out a global plea to both open charges. An attorney can help you with this. In exchange for a plea to the more serious offense, most...
  12. Initiation of Charges: Re: Why Wouldn't the Police Make a Domestic Violence Arrest

    Police need probable cause to make an arrest. They will typically want either documented injuries or an independent witness to the battery, and preferably both. And without a cooperative victim it is...
  13. Bail, Bond and Pretrial Release: Re: How Can a First Offender Get a Bond Reduction

    The bond determination won't be made based on his age if he has been charged as an adult. The bond is determined by how much of a flight risk he is. If the charge is serious enough, he could be held...
  14. Bail, Bond and Pretrial Release: Re: How Long Can Someone Be Detanted in Jail Without a Pretrial

    He went in front of a judge within 24 hours and a probable cause determination had to be made within 48 hours - they're usually done at the same 24 hour first appearance. If the judge determines...
  15. Bail, Bond and Pretrial Release: Re: Violation V10851a

    If you have failed to appear previously then yes, you could well be held without bond. Not likely otherwise unless you have no ties to your community and for some reason appear to pose a serious...
  16. Drunk and Impaired Driving: Re: Can You Be Investigated for Drunk Driving After Falling at Home

    The police do not have to prove anything beyond a reasonable doubt in order to arrest you. They only need probable cause. If there is a "wheel witness", i.e. a person who can place you in control of...
  17. Drunk and Impaired Driving: Re: If Charged with Serious Bodily Injury Can You Ever Change It

    In Florida, you could have filed a motion for postconviction relief (Fla. rule 3.850) within two years after your judgment and sentence became final. The judgment and sentence is typically final when...
  18. Drunk and Impaired Driving: Re: Pulled Over for an Obscured License Plate and Cited for DUI

    This is entirely state specific. In Florida, my state, the word "Florida" cannot be covered or obscured in any way. There is even case law that a plate light dangling by a wire was enough to obscure...
  19. Federal Taxes: Re: Do Grandparents Have Rights Over Either Parent to File the Grandchild on Their Ta

    It is an oversimplification to characterize it in terms of who provides over half the child's support. Even if the grandmother provided over 1/2 the support, if the child was its mother's qualifying...
  20. Drunk and Impaired Driving: Re: Can a DUI be Reduced to a Wet Reckless Driving Charge

    It is impossible to answer a question like this with any accuracy. There can be huge differences from one county to another within a state in addition to differences between states. Here in my...
  21. Re: The Trump Lawsuit by Crew. What Are Your Thoughts

    The elements to standing are:

    Injury: Plaintiff has suffered or imminently will suffer an injury that is concrete and palpable. (palpable = tangible, concrete, we can see it, not just being...
  22. Federal Taxes: Re: Paycheck Tax Which I Am Not Informed

    No, they cannot.
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    Federal Taxes: Re: Trust Situs/Tax Location

    A trust exists under the statutory scheme of a particular state. If it is created pursuant to the law of Florida, for example, it will be administered in accordance with Florida law regardless of...
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    Drunk and Impaired Driving: Re: DUI and Drug Equipment Charges

    There is huge variation from one circuit to another in Florida. For example, if you were charged in Orlando which is the 9th circuit you could receive pre-trial diversion if it is a first offense. ...
  25. Suspension and Revocation: Re: Can You be Prosecuted for DWLS if Not Told Why You Were Stopped

    In most states police officers conduct random license tag queries when they aren't doing anything else, and if the motor vehicle record indicates that the vehicle is registered to someone whose...
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