923 FAQs where found , 30 in this page
Post-Conviction cases are going to refer to the criminal offense and the sentence that provoked the internal was send to prison or jail. Civilian cases are going to refer to what really happens to the internal while it would be under custody of the Correction's Department or country jail. Sometimes the prisoner has both problems (post-conviction and civil), so it would open two files: one for the attorney who will take charge of the civil action, and the other one for the attorney who will take charge of the post-conviction request. Learn More
Yes, it can be possible but in very limited circumstances. The appellate court must certify that the motions enclose important fact like: Newly discovered evidence. These evidences must be clear and persuasive to demonstrate the innocence of the arrested. Any new regulation of constitutional law, which has been prepared retrospective to cases by the Supreme Court that was previously denied. Learn More
In order to establish an exact expression, courts examine the circumstances of the crime in order to determine the appropriate sanction. These circumstances are divided into two categories, aggravating and mitigating factors. Aggravating factors are the facts about the crime the defendant or the victim and tend to cause the most serious offense and generally deserve a tougher sentence. Courts take into consideration aggravating factors such as the viciousness of a crime while mitigating factors tend to reduce sentences. They show that the defendant poses a lower risk to society, so a long sentence is unnecessary. Mitigating factors include the lack of criminal record and acceptance of responsibility for the crime charged. Learn More
The criminal act for both offenses is the same: the death of another person. The main difference between them is the mental state of the person committing the crime. First degree murder is premeditated murder. In other words, the murderer thinks out a plan to kill another person and then performs the act. In a second degree murder there is no plan made in advance. Learn More
The main elements for an involuntary manslaughter conviction are: the killing is a result of an action taken by the defendant, such act was not necessarily dangerous or was made with lack of concern for human life, and the defendant should have known or was aware that his/her acts represented a threat to another person(s) life. Learn More
Elements of a first-degree murder. Intent Deliberation and premeditation Premeditation aforethought Learn More
Despite the fact that marijuana is legalized in the states of California and Colorado and is considered as a type of drug that is medicinal, in the state of Florida, marijuana is still considered an illegal drug That being said, the trafficking and consumption of drugs are punishable as drug crimes. Learn More
It is the creation and distribution of illegal drugs. Learn More
Drug crimes happen when one of these four facts are present: possession, distribution, use and/or manufacture of illegal drugs. Learn More
Relevant courts under federal crimes are then made if the prosecutor handed the case to federal or under state and local laws to be sentenced own depending on the severity of the case. Learn More
The sentence could be reduced if the lawyer gets to negotiate with the prosecutor. The drug crime attorney will try to reach an agreement with the prosecutor and can be for example that if the person is charged with three drug offenses such as possession, trafficking and transporting drugs, can reduce the charge of the penalty only for drug possession, so the sentence would be much lower. This all depends on how experienced and qualified the criminal defense lawyer is to develop the case. It is important to have a good criminal defense lawyer to defend your rights from the beginning. Learn More
The sentence of freedom under testimony is given when the individual has been imprisoned and is given freedom for good behavior, but a police officer must be in charge of advising the individual outside the prison, while probation is applied to those defendants who are sentenced for the first time and charged with misdemeanors. Learn More
Yes, because although alcohol is not considered an illegal drug can become a crime if consume in large quantities. With only driving under the influence of alcohol is considered illegal in Florida and might be getting a penalty called DUI, where the drivers license benefits are suspended and the defendant has a criminal record penalty. Learn More
Parole is when a prisoner is released for a particular purpose and temporarily or permanently before the sentence is complete on good behavior. Learn More
They review information on suspected criminal activity after listening to a variety of testimonies. Learn More
Yes because advice from experienced counsels may allow you to avoid consequences you do not wish to face or some of which you're not aware of. Learn More
"Schedules" are classes of drugs and its level of severity in consequences. Learn More
These crimes conducted in drug courts that combine drug treatment models with criminal justice to bring about civility in the community. Learn More
It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way. Learn More
It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way. Learn More
You have the right to an attorney and the right to remain silent via the Miranda Warning. Learn More
Your will be immediately revoked and you will be remanded to jail. Learn More
It depends whether you are on misdemeanor probation or felony probation. Learn More
First of all, you need to provide the probation officer with details of the emergency and verification of the trip as soon as possible. Then, you must look for approval. If you are in good standing, the decision may be favorable for you before and after the fact. Learn More
You attend a hearing when you are charged with a violation of process giving you the opportunity to be heard. You may represent yourself or be represented by an attorney. The District Attorney representing the State and the probation officer and any witness will present the case. The Defense attorney has the right to examine the evidences and present witnesses. After both parties preset their cases, the judge will decide whether there has been a probation violation or not. If the judge has found the defendant has violated probation then the sentence will be given. Learn More
Violation of probation may lead to revocation of probation to prison. The judge may sentence the defendant to serve up to twelve months in the county jail, up to six months in the Probation Detention Center. In addition, the court may order the defendant to follow special conditions such as counseling programs and so forth. Learn More
You have a probation officer assigned who you should contact and report any change in job status or place for living, and request permission to travel out of the state. You should follow all the instructions to report. In the event you fail to comply, your case will be returned to court for a violation hearing. Learn More
You need to transfer your supervision to the state you are moving. The officer will give you permission and explain requirements for the relocation of your probation supervision to the new state. Learn More
You should know that it is very important to tell the truth because lying can cause more harm than good. Discussions with your attorney are protected, the lawyer receives the largest and most valuable information through the client, this being a major source. Learn More
An arrest is merely apprehension and taken into custody an individual by the police. It will never mean that you have been found guilty of any crime. The prosecutor will let you know later if you are guilty of a crime or not. If the prosecutor decides to impute a crime, the charges may be dismissed at the end. Anyway you may face charges, attend the trial and be released. So, we must be clear that one has been arrested, not convicted, and has not been found guilty of any crime. A conviction is when you already filed with the court and was found guilty of a crime regardless of the level of severity of this and then it will reflect a conviction on your record, no matter if you spend time in jail or not because there are other ways to pay fine sentences such as, voluntary serviceid and others. Learn More