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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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I have been charged with hit and run. I hit a mailbox that

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I have been charged with hit and run. I hit a mailbox that was hanging over the pavements edge as I slowly drove around a bicyclist to give some leeway. I stopped and looked back and did not see any damage. My mirror folded in and I did not realize that the outer cover was gone. I continued on and within 10 minutes I got pulled over and arrested. I did state that I did tip the mailbox and told them the same thing I just told you. I have no criminal history and a safe driver Florida license with an excellent driver record. My arraignment is on the 24th of November. I want to have this expunged. What should I plea at the arraignment and what forms do I need?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 5 years ago.
Under what statute have you been charged?
Customer: replied 5 years ago.

the charge was hit and run with property damage more than $50.00. The following morning I took pictures of the mailbox hanging about 2 inches into the road way. The owner had already reinstalled the mailbox but, the report showed $150 in damage

Expert:  Thoreau (T-USA) replied 5 years ago.
Do you have the document you received regarding the charges? It should have the statute listed on it.

Having the statute allows me to provide a more accurate response.
Customer: replied 5 years ago.
I can't find the documents right now
Expert:  Thoreau (T-USA) replied 5 years ago.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Unfortunately, I cannot tell you what plea to enter. That constitutes legal advice and you will need to retain a local attorney for that matter. However, I can provide the following invaluable information.


This sounds like a violation of 316.063, F.S. However, 316.063, F.S. makes no reference to value exceeding $50. The following assumes this statute is what the subject matter revolves around.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC063.HTM&Title=->2009->Ch0316->Section%20063#0316.063

A violation of 316.063, F.S. is a misdemeanor of the second degree punishable by up to 60 days in jail and up to a $500 fine.

You will want to retain an attorney to assist you with this matter. If you are convicted, plead guilty, or plead nolo contendre, an expungement will not be available. Your attorney may be able to find grounds on which to build a defense (though your admissions to the police may inhibit that). Alternatively, your attorney may be able to negotiate a deferred prosecution requiring a fine, probation, and ultimately resulting in the charges being dropped. If the charges are dropped, they can typically be expunged at a later date.You will want to discuss these possibilities with your attorney.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

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Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
what is a deferred prosecution and do you think a public defender would do this?
Expert:  Thoreau (T-USA) replied 5 years ago.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.


A deferred prosecution or withheld adjudication is an arrangement between the state and the defendant. Usually, this involves an agreement whereby the defendant pays a fine and serves a probationary period. After the probationary period is completed, the state typically drops the charges. Because the case of disposed of in this manner, a defendant can typically seek to expunge the record at a later date.

If you qualify for a public defender, your public defender can handle such negotiations. However, public defenders are typically overworked, making private attorneys preferable. If you believe you will want to partake of a public defender's services, you'll want to contact your local public defender's office to inquire as to the requirements so as to ensure that you qualify for such assistance. You will also want to inquire about the fees involved, as public defenders are usually not entirely free.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________

Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 3 other Criminal Law Specialists are ready to help you

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