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Morgan Law, P.A. - Orange City, FL
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DUI? Possession of a controlled substance? Learn your options. Daytona Beach Criminal Defense Lawyer Eric Morgan http://www.VolusiaDefense.com
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Harassing creditors? Foreclosure? Qualify for a fresh start? Orange City & Deltona Bankruptcy Attorney Eric Morgan http://www.VolusiaBankruptcyLaw.com
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Arrested, DUI? Possession? Learn your options. Daytona Beach Criminal Defense Lawyer Eric Morgan http://www.VolusiaDefense.com
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Common Q: I've been injured in an auto accident. Do I file a lawsuit right away, or do I seek medical treatment and try to recover as much as I can first? A: Call a lawyer right away, but you will likely be advised to seek treatment first. Any lawsuit will be based on the medical record. That way, if a lawsuit must be filed, it is based on the totality of one's injuries, including any complications that arise, not merely the first symptoms.
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Injuries from an auto accident mean lost wages, sometimes even a lost job. Make sure you are compensated by insurers fairly: http://www.VolusiaInjuryLaw.com

We also handle social security disability.
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Common Q: I was in a car accident/was injured and I went to see an attorney and they didn't take my case. Why? A: It could be that the damages you suffered in the collision were not enough to justify a lawsuit. Or, it might be that neither party had sufficient insurance to make the case worthwhile, although there were significant injuries. These are just two of the most common reasons a lawyer might decline a case.
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Common Q: I've been arrested for DUI and someone told me that all the penalties are already laid out in the law. Also, I provided a breath sample and it indicated that I was drunk. If that is true, what help can a lawyer provide to me? A: You are quite right that there may be little that an attorney can do for you. People convicted of a DUI are always placed on probation, always have to take certain classes and do community service; a lot of it is already determined, no matter what your attorney does. However, it may be that the police acted improperly and the evidence against you can be thrown out. This would allow you to escape DUI penalties or be offered a plea to a lesser charge such as Reckless Driving. Consulting an attorney at least allows you to have your case evaluated to determine if there are any defense issues. If there is not much of a defense case, and the decision is made to seek a plea to DUI minimums, your attorney should charge you less than if you seek to take the case to trial. Have more questions? Visit us at http://www.VolusiaDefense.com
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Stopped for DUI? You have options. Free Consult. Learn how to obtain a hardship license while your case is pending. http://www.VolusiaDefense.com
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Q. How are probation and pre-trial diversion different?

Don't like reading? Give me a call: http://www.VolusiaDefense.com

...We can discuss your question face to face or over the phone.

A: Both probation and pre-trial diversion involve fulfilling a set of obligations under the supervision of criminal justice professionals. But the goals of the two programs and the effect on one's records can be quite different. The goal of pre-trial probation is to allow first time offenders the chance to complete community service, educate themselves about their alleged crime, test clean for drugs and alcohol... and then have their case dismissed, potentially allowing the arrest record to be sealed or expunged. Probation occurs after a person enters a plea/loses a trial pertaining to a crime and means that a legal determination of guilt has been made. Depending on the jurisdiction and court record, sealing or expunging one's record may or may not be an option. Being on probation means a person has a record of legal culpability. Pre-trial diversion is started and finished before the Court ever makes such a determination and results in the case being dismissed with no judgment of guilt. That means there is only an arrest record and a dismissal.
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Common Q: What is the difference between a dismissal, no information, adjudication withheld, adjudication, and conviction?

Do you have a different question regarding a Deltona, Orange City, or Deland, FL DUI, battery, or other criminal charge? Please contact DUI Defense & Criminal Defense Attorney Eric Morgan at http://www.VolusiaDefense.com ...Ask a lawyer!

A: When a person is charged with a DUI, a battery, possession of a controlled substance or any other crime, the best news they can hear is: case dismissed. A dismissed case means that the prosecutor has dropped charges or decided not to complete the charging process, known in Florida as a "no information." This is always good news for a defendant.

But what happens if the prosecutor won't dismiss the charge? In order to protect the records of people with limited criminal records, Florida gives judges the authority to withhold adjudication (WH) on a defendant. This means that although the person was charged with a crime, entered a plea, and therefore has a record, the judge does not go the final step of convicting them of the crime.

The implication of this is a defendant may later be eligible to petition to seal or expunge the case at a later date, assuming (at least in FL) they were not convicted of another crime. However the legislature has decreed that a plea to some crimes, such as DUI will always result in adjudication/conviction, meaning that a withhold of adjudication is not within the judge's discretionary sentencing power.

In other words, if a person enters a plea to a DUI, their record will always read either "guilty," "adjudicated," or "convicted." It will never say "withhold of adjudication" unless the case is very old. Twenty or thirty years ago defendants were allowed WH's on DUI's. Not anymore. Adjudications, convictions, or simply "guilty" mean the same thing: sealing or expunging will not be possible.

In seeking to resolve a criminal matter, a withhold of adjudication is always preferable to an adjudication (adj). But prosecutors will insist on adjudicating defendants that commit the same crime multiple times or in circumstances in which the defendant's criminal record is lengthy. In this situation, a defendant's only hope of clearing their record would be by achieving a pardon from the state governor.
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