Questions Answered by Craig Epifanio - Justia Legal Answers

• 10 March 2011Q: What falls under the speedy trial amendment?
  A: Speedy trial applies AFTER the arrest. However, there might be a statute of limitations issue. I would need more information but I suggest the person hire an attorney to file the appropriate motions.
• 9 March 2011Q: Is it legal or illegal for a landlord to authorize and assist police with a key to enter a tenant's home w/o a warrant?
  A: It is illegal.
• 9 March 2011Q: If a person was wrongfully acused of a crime, more than 5yrs,Can a case be reopenned and corrected?
  A: Your fiance probably waived all rights to have this corrected if he didn't appeal. He had the right to go to trial and by pleading guilty or no contest he usually waives that right to appeal. If he did go to trial, then he should have taken advantage of his appellate right. If it was denied, then there is little that can be done today other than asking the governor for a pardon, which is very very difficult to get.
• 9 March 2011Q: How long is statue of limitations for a 322.33 charge in florida , happened 18 years ago and warrant is still active,why
  A: The statute of limitations only applies to the state in filing the charge. If you were arrested, then the statute of limitations is irrelevant. On the other hand, if you were not arrested, it does not run while you are out of state, up to a certain point. Since the charge is related to a driver's license issue, they probably tried to serve the warrant at your last known address on your license. You should contact an attorney to see if a motion to dismiss can be filed.
• 9 March 2011Q: How can I clear a 322.33 charge happened 18 years ago in florida, warrant is a florida pickup only and live elsewhere
  A: This is a felony so you are going to need to turn yourself in at some point. While it may be possible to hire an attorney to fight this here while you are there, most judges require you to turn yourself in. I suggest you contact an attorney near the location where the charge happened.
• 9 March 2011Q: Penalty for 790.221
  A: It's a second degree felony punishable by up to 15 years prison.
• 9 March 2011Q: How much time can a felon caught with gun get
  A: It depends on the facts, the prior record, the judge, the prosecutor, the defense attorney, etc. In other words, I can't properly answer without knowing all that information. It could be anywhere from just probation to life imprisonment depending on all the factors. It's best to contact an attorney to discuss your case in more detail.
• 9 March 2011Q: How do I find out who the arresting agency was for an arrest in Miami-Dade County?
  A: If it is not apparent from the paperwork, you could always call the clerk and ask them as they should have a record of the arresting agency.
• 9 March 2011Q: Will my fiance win his appeal. he was driving a car that does not belong to him and the officer found drugs
  A: It is impossible to answer your question. There are way too many variables. Furthermore, even if it should be a clear winner, an appeal may not mean the person wins, because an appeal is an appeal of the law as applied to the facts. Judges may interpret things differently so even if I knew all the facts, a judge could still rule against your fiance.