FAQS

If I had a criminal record sealed or expunge in another state, will I be able to have it sealed or expunged in the state of Florida?

Yes.

Will the Florida Department of Law Enforcement notify every agency involved in my case?

Yes, The FDLE will send a letter to all the agencies involved with your case notifying that they have agreed with the order with the seal and expunge of the case.

Who qualifies for sealing or expunging?

A person, who has not until that time expunged or sealed and has not been convicted as an adult, may meet the requirements or qualify. However, there are several exceptions. For example, in the state of Florida, there is automatic juvenile expunction of juvenile records at 24 or 26.

Can I have all my arrest records sealed after been arrested several times but never pled guilty or been convicted of a crime?

This is not possible in the state of Florida since this state doesnt support innocent until proven guilty. Even when you are found not guilty, Florida only allows you to petition to seal or expunge only once in your lifetime unless the new arrest is linked to the initial arrest.

What are the aggravating and mitigating factors?

Aggravating factors are components such as criminal history and the seriousness of the crime proposing the demand for a more severe discipline. Mitigating factors then again, will support a more merciful sentence.

What are techniques used by perpetrators of domestic violence?

Typically, these techniques happen to be:

• Dominance: These individuals need to feel in complete control of the relationship. They are those who make family decisions, tell others what to do, and insist that others obey without opposition. Your offender may treat people like a servant, or even as their possession. Humiliation: The abuser will do everything in his power to make the victim feel bad about themselves. Insults, private and public degradation are often weapons used to erode self-esteem and make the victim feel powerless. Isolation: This tactic is used to increase the dependency of the victim, to cut any link with anyone else but the abuser and can even prevent the relationship with family or friends, or not let the victim attend school or work. You must have their approval for anything to be done. Threats: Abusers generally utilize threats to keep individuals frightened or alarmed. They might threaten to harm or kill you, your children, other relatives, or even pets. They may also threaten the victimized individual with suicide or false charges. Bullying: They might use a broad array of intimidating strategies designed to terrify and bring the exploited person into submission. Such tactics include making aggressive looks or alarming gestures, crushing things, destroying property, damage to pets or use of weapons. The discernible message is that overlooking these behaviors will only bring brutal, sometimes even fatal consequences. Denial of guilt: These people are masters at creating excuses to what is inexcusable. They justify their behavior on an awful day, terrible childhood and even on the casualty of their abuse. This person minimizes the abuse or may even deny the blame and turn it on others.

How can I help someone who has been a victim of a sexual offense?

To help someone who has endured such bad experience, it is essential to listen and make sure the individual feels comfortable. Going to the police, hospitals, receiving advice from group therapies and looking for a lawyer who will advise them properly in such cases is imperative. It is also very important to convey the fact that it is not the victim's fault and it is natural to feel angry and/or embarrassed.

How can someone know what happened was rape?

There are a few things to consider such as the ˜age of consent of the participant (based on state law), the mental and legal capacity of each individual to consent, and whether or not someone has forced or used physical force to make the victim have physical contact with him or her.

If the victim was unconscious or asleep is it still rape?

Rape can take place while the victim is unconscious or asleep, which means the person wasnt aware of what was happening therefore he or she didnt give consent. When the individual doesnt give consent its called rape.

What is kidnapping?

It means using force to take and confine someone against their will, which is a crime punishable in Florida by life sentence. These charges are aggressively pursued by law enforcement officials in the state as this is not a charge to be taken slightly. Individuals wrongly accused of this crime should find an experienced attorney to represent them.

What are the types of sexual harassment in the workplace?

There are two of them:

• Quid pro quo sexual harassment: where the employee is required to yield to the sexual demands otherwise he or she will lose his/her job. Hostile environment sexual harassment: this means being harassed by an employee because of his or her gender to the point where the atmosphere at work becomes a bit hostile.

Who is protected from sexual harassment in the workplace?

Under state and federal laws both male and female employees are fully protected against sexual harassment at work whether at a small or big company. Although under federal law both same sex and opposite sex harassment are prohibited, not all states have laws that defend same sex harassment.

Is there any difference between intimidation and threat?

Intimidation and threats mean the same thing; sometimes threats can be mild or imagined, but become intimidation when they turn into serious and produce terror in the victims to be injured.

Why was I charged with aggravated assault instead of simply assault?

The difference between the offenses is based on the severity of the injury. The aggravated assault requires that the suspect caused or intended to cause severe injury in the body, and the simple assault only demands proof that the suspect caused or intended to cause bodily injury.

How to place a restraining order sentence to a person who has been charged with simple assault in Miami Dade County?

To obtain a restraining order, you need to present to the court the simple assault case. The victim should go with the completed form to the court in Miami. Customers may need a restraining order lawyer for your court appearance. However, in a temporary restraining order, plaintiffs may not need lawyers to restraining orders. Gallardo Lawyers specialize in all these formalities, they will ask the judge through the Protection Act, a restraining order to protect customers from attacks.

How long do restraining orders in cases of persons charged with simple assault in Miami last?

Orders usually last more than three weeks. The order is declared valid upon the defendant notice of the order contained. When the defendant appears at the hearing, the judge will decide the period of time that the restraining order will be granted. Orders can take up to 5 years depending on the damage that occurred with aggression.

What is the third-degree assault?

An assault is considered a third degree when a person assaults another purposely using a deadly weapon and causes physical damage that could lead to death.

What is the definition of physical assault?

The physical assault is considered when a person physically assaults another and causes injury and can even cause death.

What is the federal definition of assault?

There is no federal law that defines the assaults because these usually are sentenced in state court, even when the assault occurs against a federal official the penalty for assault might be different and can be accused of an attempted aggravated assault.

What constitutes assault in the workplace?

The assault in the workplace is violence that causes one person to another either physical or verbal within the place of work which may be temporary or permanent. These assaults at work can be directed either to customers, strangers, between workers and a boss to the employee.

I am allowed to possess a firearm in the city where I reside outside the state of Florida. I am going to Miami on vacation soon. Will I be able to take the gun with me?

To legally carry guns in Florida an individual needs to primarily be a permanent resident of the state. Visitors should carry the weapon at all times and that can be considered a danger to the community, but if you bring a city permit from the city you reside or get a temporary permit in Miami that lets you keep the gun.

How do I buy a weapon in Miami?

First, you choose a firearm at a license gun dealer. Then, you fill out the BATF form 4473 given to you by the dealer to check your background. You are requires to provide a valid form of identification. The dealer contact your information and determine your eligibility to purchase a firearm.

Can I be deported if I am charged with illegal possession of weapons?

For those who commit serious crimes can be deported even if they are legal residents of the country. The truth is that the legal resident can be deported from the United States if he/she commits a felony. Illegal possession of weapons may also be considered a serious offense and lead to a deportation. If this is the case it is very important to get legal representation not only for illegal possession of firearms, but also to the change in immigration status that might appear.

Could illegal possession of firearms be considered a federal crime?

Illegal possession of firearms is considered a federal crime and especially if it is used in crimes affecting the national security.

How do I get a copy of my criminal record?

It may be obtained from FDLE (Florida Department of Law Enforcement) for specific fee using the online site criminal history search, by mail or by visiting your city police department.

If I have a firearm Permit, do I still need a background check to purchase a firearm?

The answer is yes; under federal law a firearm authorization be issued by any state does not excused you.

Are there any requirements to buy a handgun in Florida State?

There are several requirements to buy a handgun in the state of Florida.They include:

• Individuals must be 21 years of age or older. Background check. Mandatory three days waiting period if the individual does not carry a valid concealed weapon permit.

If my weapon was lost, how do I find it?

Unfortunately, the only way you will find out is visiting the dealer where you did the purchase; if the dealer doesnt exist ever, you need to contact the National Tracing Center though they only keeps records of firearms purchased from federally licensed gun dealers.

What should I take into account when choosing a criminal defense lawyer?

When choosing a lawyer you must take into account some characteristics of a criminal defense attorney:

• Originality, professionalism and conduct. Level of experience and a history of criminal cases. Reliability and speed of work for your call. Honesty. Â

What types of assets can be seized?

The government can seize vehicles, houses, funds in bank accounts, cash, boats and/or an entire business or company which have been obtained from illegal sources. Drugs and weapons are very known assets seized by the government.