Legal Answers On Avvo

Q. I violated my probation by driving on a suspended license and committing a hit and run. I’m on house arrest for 120 days and had my first random visit on a Monday. How often do they came and what’s the latest time they would show up?

A. They can show up any day and any time. There is no way to foretell when to expect a visit. If you’re complying with the house arrest order, you have nothing to worry about.

Q. While in GA, he was sentenced to 10 years’ probation (1st offense – forgery). He had to move to FL (nowhere to live) and tried to have the probation transferred to FL, but FL later denied the request. He was unable to return to GA so his probation was violated. He was later arrested a few times in FL when stopped for traffic violations. Each time they would notify GA that they had him in custody, but they would release him after a few days because GA didn’t send anyone to pick him up. He was later sentenced to 10 years for robbery in FL. He is being considered for work release program, but can’t get clearance due to the GA detainer. I’ve tried to contact the attorney who represented him in GA to see what, if anything can be done, but no response. Please help! Thank you

A. I am attaching a portion of the Interstate Agreement on Detainers. Have your son follow the instructions in order to have him transported back to Georgia to get his violation of probation case settled. Read FS 941.45 for the entire process.

‘(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his or her imprisonment and the prisoner’s request for a final disposition to be made of the indictment, information, or complaint; provided that, for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.’

‘(b) The written notice and request for final disposition referred to in paragraph (a) shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.’

‘(c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against him or her and shall also inform the prisoner of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.’

‘(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) shall operate as a request for final disposition of all untried indictments, information, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.’

‘(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d), and a waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of the prisoner’s term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where the prisoner’s presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.’

‘(f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) shall void the request.’

Q. He is 21yrs and was arrested for assault and robbery but he did not assault anyone but was with another 19yr boy who did the crime

A. The punishment could be anywhere between probation and 15 years in prison, which is the statutory maximum. Depending on his guidelines score-sheet, that would determine the presumptive minimum sentence. Generally for 1st time offenders, a plea can be worked out for the guideline minimum or below.

Q. Was given 1 year probation and no contact order still enforced. Also has not gone to court ordered anger management or paid much on court fees.

A. It depends on what the underlying charge is. For a misdemeanor it is possible for 6 months to a year in county jail. If the crime was a felony, it could be up to the statutory maximum in prison. Violating a no contact order is contempt and can carry up to 6 months in county jail.

Q. I missed divorce trial mixed up days from illness diabetes pain memory problems, no lawyer. I filed motion myself to set aside default judgment and ask for divorce trial refusal of judge. Character demeaned & reputation. Defendant attorney claims I didn’t send her interrogatories. I am plaintiff married over 28 years and full time mother house wife. I will be left homeless, no car no money no custody, I have $29.00 to my name. I need to file emergency motion so I won’t lose car, need money, phone. Oct 2, the car goes back to ex. I have no credit he makes 125,000 / year I have been in abusive controlling marriage. I need to know what to do to, if default divorce judgment can be reversed? I was sick & confused about days missed & my divorce trial. My lawyers quit before trial?

A. Your initial suspension is for refusal to blow the breathalyzer otherwise known as Implied Consent. You do not receive a 2nd suspension for the implied consent conviction in court. Since you were not convicted of DUI but plead to a reckless driving you do not receive a suspension for that conviction unless it puts you over the point limit for the year.

Q. I took a plea to a reckless. In the plea it said nothing against early termination (nothing for it either.) I have no prior record whatsoever, I have completed over 50% of the time, completed everything I needed to do, had
no violations and paid all fines. The judge denied it with in two seconds and did not give a reason why. Is there anything I can do?

A. There are things you can do but it will be difficult to succeed. When you accepted the plea you accepted the terms of the plea and unless the plea agreement provided for early termination if all conditions were fulfilled, then you have no right to early termination. You could appeal the judge’s decision as being unreasonable but it would have to be shown that this particular judge routinely grants early termination in similar circumstances and is being arbitrary in your case. Alternatively, your lawyer could approach the state attorney and request that they agree to an early termination and bring it back to court with that agreement. However, that should have been done prior to your first attempt at early termination. Trying to get the state to agree now after the court’s adverse ruling will be difficult.

Q. My husband was charged with aggravated assault with a deadly weapon w/o intent to kill and received 4yrs, 3 mandatory, which he is in prison now. He was only protecting himself and his home is it any way that he can get off or get less time than he’s getting now? If so, how and what would be the best way to go about this?

A. More information is needed to fully answer your question. You say your husband was charged but not how he was convicted. Was it a plea bargain? Was it a trial? If he had the defense of self defense, did he argue that? Did a jury reject his argument? Or did he not raise it and accept a plea? If he was convicted of a crime carrying a minimum mandatory then he is relegated to having that min man imposed. If he went to trial and lost he has the right to a direct appeal of the conviction and sentence. If he plead, he has a right to appeal the legality of the plea. He also has a right to file for post conviction relief if the sentence is illegal or his lawyer was incompetent. Again, I can’t tell you the best way to go about it without knowing the full story.

Q. My boyfriend was charged with armed burglary and his co-defendant was charged with armed robbery. His co-defendant recently pleaded out to boot camp. Does this make it harder on my boyfriend’s case or it doesn’t make a difference?

A. A co-defendant’s plea of guilty to the charge is not admissible against your boyfriend but usually the prosecutor will condition the plea of a co-defendant requiring them to testify against their co-conspirators. If this happens, the fact of his guilty plea would most likely want to be brought out by your boyfriend’s attorney as impeachment to try and show his motive for testifying falsely and to try and lay the entire blame on the co-defendant. If the co-defendant doesn’t testify, depending on how the trial is going, your boyfriend may still want to bring out the co-defendant’s plea, again trying to lay the entire blame on that person. There is no absolute answer to your question. It all depends on the specific allegations and facts of the case.