SW Florida Attorney-at-Law | Derek M. Tyler
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LAW OFFICES OF DEREK M. TYLER, P.A.

Questions Answered

 
 

CRIMINAL DEFENCE

What does it mean if I am eligible on retail theft contributory database?

Derek’s answer:

It is not likely your name will be placed in the National Retail Theft Database unless you have paid a civil demand for restitution to a retailer accusing you of theft.


How can I get the IID removed from my Vehicle?

My last Dui was in Sept of 2000 was arrested and convicted by Oct of 2001, When I was able to get my license back the DMV required me to place an IID on my vehicle. The law was not passed until July of 2002 requiring this and it was not ordered by...

Derek’s answer:

The court does not have jurisdiction over your case. Although, the DMV "agreed" with you at the hearing, the option they suggested has been closed for over 15 years. Either you qualify for a medical waiver, which is not easy to obtain, nor is it an easy out if you did qualify or you're stuck with the IID> We cannot solicit directly or indirectly. Either look into applying for a medical waiver or comport your expectations to the reality that you must comply with the requirements of the DMV regarding the IID to the "T" or never see your regular operator's license again.


I live in NJ but I was served a Subpoena for Deposition in Florida, can they legally make me serve as a witness?

I was served a subpoena to appear for deposition for a criminal case that I slightly witnessed. I was told over the phone that I can pay for a notary myself to call into the office at that time or I would face going to jail. Is this true? I don’t feel as if I am required to pay anything or miss work for this case.

Derek’s answer:

Not if its a State court case as they have no jurisdiction over you. If it is Federal, as a practical matter, they can take anyone's deposition in the U.S., so long as you are noticed and that the deposition is to take place within 100 miles of where the witness is served. See Fed. R. Civ. P. 45(b)(2).

What are terms of Florida's felony probation regarding communication with co-defendants on probation?

My 28 year old daughter, took a plea and was convicted with 3 years probation for a misdemeanor and bringing Contraband into a jail facility I'm wondering if she is allowed to have any contact with the co-defendant in that case regarding calls to the jail Skyping. Would any of that would that be considered a probation violation.

Derek’s answer:

On the side of caution. She should go out of her way to make sure she is not violating her probation.

When responded is in jail for an unrelated case be considered "imminent danger of domestic violence" in a civil injuction?

If a respondent is in jail involved in a seperate hearing for a criminal charge. While concurrently involved petition for injuction for protective against domestic violence. Can the the patitioner still reasonably claim they are "in imminent dange...

Derek’s answer:

Yes, even if in jail, the Respondent is subject to service of process and the Petitioner can be in imminent fear of the person despite incarceration.

I want to get early term off house arrest but how? And I been on for 3 about to be 4 months

I had got an vop because of in hit run charge that was later drop But they put me on ccn monitor for 6 months I want it early termination off the house arrest to be re stated on regular probation and I don’t have an felony i have an adjudication ...

Derek’s answer:

Sounds like you dodged a big bullet with the hit and run charge. Hire a lawyer to seek early termination if you are more than halfway through your entire probationary sentence, not your house arrest, and have all special conditions met. Sounds like house arrest was a special condition put on the front end instead of straight jail time.

Can I do traffic school twice in Florida?

I received a citation for speeding towards the end of June which required me to appear in court. I hired a traffic clinic of some sort and the date to go to court was set/moved for September. In July I got into an accident and received another citation, for which I paid the fine and elected driving school. I completed driving school about two weeks ago, in mid September. Today I received news from the speeding ticket that I had received no points but was ordered traffic school. Considering I already did traffic school for the other citation, can I still do this one since it's court ordered? I was told yes since the other one is already coming up as disposed in the county court and this second one is court ordered and not something I am choosing on my own. Please advise.

Derek’s answer:

You can choose school once in a 12 month period but 5 times in a lifetime. Court ordered school does not count against these limits.


Can husband and wife/co-defendant's get no contact order lifted?

Husband has gun and drug charges, wife has drug charges from the same house. They labeled us as co-defendant's and put a no contact order in. How can we get that lifted. Wife is homeless because of the order.

Derek’s answer:

Address this with each of your lawyers. If each of you are victim to the other then both motion the court to modify the no-contact order to no-violent-contact based on no imminent fear of each other. If wife alone has no-contact order on her, then husband and lawyer so move the court to modify or rescind the order.

What happens next?

My kids' father has been arrested for vop. During his 1 year probation, he has had good behavior. He violated by not continuing on paying because he lost his job. His court date is in less than a week from now. What suppose to happen now?

Derek’s answer:

If he shows that failure to pay his court ordered financial obligations were not willful or substantial then the judge may extend his probation or give him the option to work off the amount due through community service at $10 an hour.

How much time do your serve on a 93 day sentence ? Would he have to do the whole 93 days

Boyfriend got sentenced 8/29/18 but was sitting since 7/17/18 they suspended 43 off 5mths idk how many days classifications gave him but now I see 11/29 release date

Derek’s answer:

A lot of assumptions but all things being equal, and all counties are not, about 79 days. You do the math.

I was married to a law student he currently is an attorney he cheated on me, beat me and lied to me ?

Should he be allowed to continue to practice law he is located in Bradenton florida

Derek’s answer:

Was he arrested after beating you? If not, he is probably off the hook without any evidence of same. A lot depends on how long ago the beating took place and whether the police will arrest on the evidence, whether the State Attorney's Office will prosecute or did in this case. If so, he is required to report the arrest to the Florida Bar.

Scoundrels in the profession make all of us look bad. Depending on the evidence and time frame you may want to pursue this with law enforcement, the State Attorney, and the Florida Bar or get on with your life and put this behind you. (Unfortunately, lying and cheating outside the scope of representation or a legal or fiduciary duty leaves no recourse as far as the Florida Bar is concerned.)

I bumped a driver at red light. No damage no tickets. Now being sued. She wants a 100k. Can she actually get that?

I was at fault. I was at a red light, stopped traffic starting moving that she was and I bumped her. I took my foot off the brake no accelaration. We pulled over no damage. She Said she was fine walking around. Got in her car and left. I guess she had prior accident that caused damage and now is saying this accident aggravated it. She is suing my husband and I and her own insurance. I dont believe her. We own a home but upside down and have credit card debt , car debt etc.. we have 2 children. How can anyone get 100k when no damage. We dont have it. Our insurance company doesnt want to pay the 25k she could get. They have hired a lawyer to work on the case. Very worried we work hard for everything. What can she really get?

Derek’s answer:

Stick to your guns, i.e. the account of what actually happened.Sounds like your insurance company is proceeding correctly.

In orange county Florida can I hire an attorney to file paperwork for an arraignment so no one has to attend ?

Misdemeanor domestic violence

Derek’s answer:

Yes. He or she can file a written plea of not guilty.

Do I need to appear in court for an order of protection from stalking from my ex? it says ordered to appear?

The order of protection says ordered to appear but ive read that it is basically a restraining order, and i have no problem with the conditions as it means she cant contact me either. The restraining order is also deserved on my part for a little cyber harrasment, not stalking so im cool with it. i live in a different state now anyways, so this is some old stuff

Derek’s answer:

The judge can order mental health evaluation, anger management class, and if granted, the order can ban you from owning or possessing firearms in the State where it issues from. Hire a lawyer, attend and fight it.

The policewoman mistake the location the accident occur

Hi I was in a car accident my son 6 years old at time was a witness the other driver stopped ask me if I'm ok want to settle thing between us I ask him for his insurance information and said let's moved the car to safe place I started drive my car to a safe zone and stop while I stop he drove off with his vehicles Then I 911 to explain to them the ask me if I get I said no the highway police by the time they show I was not at scene due the fact my car was bolcking the road the officer go to him first he explained his side of story then the offcer ask me what happened I tell he hit me she go back for a very long period of time and come bacck with a ticket said that I'm at fault I tried to explain to her she said she doesn't have to explain the ticket my window were down through the ticket in my vehicles.

Derek’s answer:

Hire a traffic attorney. The officer did not witness the accident, you did.

How can I file an affidavit for non prosecution, and where do i go to do this? Or can I simply have a written statement?

I just need to know where I can obtain a affadavit of non prosecution in bay county Fl. Or if I can simply get a notarized written statement made to retract the original statement made to the police. I was severely intoxicated and don't remember giving the original statement from that night and he's looking at felony charges now because I was drunk and lied. I understand I can be charged with false police report and I'm ready to take full responsibility but I need to know where I can get this done at. His defense attorney cannot help me so please don't tell me to call his attorney I already have.

Derek’s answer:

Mr. Haber is exactly right in that the case is the State Attorney's to drop, not yours. Hiring your own Fort Myers criminal defense attorney as your Victim's Advocate will serve both purposes of communicating to the Court and prosecution as well as "his" attorney without any appearance of or de facto impropriety and protect/mitigate your exposure to criminal liability regarding filing a false police report, etc. Many of us criminal litigators serve clients in this capacity. Consult with one sooner than later.

 

How long can someone be held in FL awaiting extradition to GA if an extradition waiver was signed?

My husband was arrested 8/14 in Fl for a Ga fta bench warrant. He signed an extradition waiver on 8/15. A public defender contacted him the day he signed the waiver and said to give them a call after 30 days had passed and they would get him released, but now it's been 33 days and nothing has happened. The public defender is impossible to get in touch with... I've left plenty of voicemails and gotten no response and the jail itself won't give me any information. So my questions are 1) How much longer can they hold him? 2) Who do I contact to get information?

Derek’s answer:

You can contact classifications at the facility where your husband is being held to see their policy as there is no set time frame. Also, hiring GA counsel in the county where the warrant has issued is the best angle at resolving this quickly. 

Although there are legal mechanisms for relief of the one consequence of registration because of closeness of age through Florida's Romeo and Juliet statute, the world of trouble your son will find himself in before any relief from this statute including registration as a registered sex offender certainly doesn't change the wisdom of avoiding the trouble at all costs.

What would my time in jail be if I turn myself in on a failure to appear?

My husband was arrested 8/14 in Fl for a Ga fta bench warrant. He signed an extradition waiver on 8/15. Second failure to appear for a misdemeanor petty theft charge. Appeared before my judge after first failure to appear. After hearing my offer, my charge and my financial situation. Judge specifically stated she would not except it if I excepted the states offer. She then referred me to a public defender and stated I mostlike could have everything resolved and not have to appear in court. Stranded in Louisiana I was unable to make my next court date, and a warrant was issued. Bond is $2500+$250 with no knowledge of how long I will sit in jail. I’m a mother of three .

Derek’s answer:

Your situation calls for a defense lawyer to negotiate a resolution to your case and a surrender/warrant set aside. Without a private lawyer you are facing the maximum sentence based on the charge upon your surrender or arrest, either 60 days or 364, depending on the value of items stolen.

In FL, what is the min/max sentence for Principal to these shootings - 2nd Degree Murder & 2 counts of Attempt 2nd Degree Murder)?

Basically, the guy was the driver of a vehicle during a drive by shooting, which resulted in one death & 2 others being injured. Defendant has priors for 1)Battery(×2) 2)Disorderly Conduct, 3)Kidnapping 4)Obst. Justice 5)Criminal Mischief 6)Larc 7)Robbery 8)Family Offense & A bond revocation. All charges are the results of 4 previous arrests from 2012-2015 & then this last arrest in Feb 2017. His co defendants were both convicted with 1 count of 2nd Degree Murder with discharge of a firearm & 2 counts of Attempted 2nd Degree Murder & this young man was convicted as a Principal to the shootings. Does that mean 3 counts of Principal to...? Or just 1 count?

Derek’s answer:

I agree with my colleagues. This is a question for this defendant's lawyer especially as to the low end of the score sheet. He is looking at life imprisonment on at least one count.

How to get a public defender?

I have two felony chargers and it’s my first time having anything and i’m lost in what I have to do.

Derek’s answer:

If you have the financial means to hire a private defense attorney, then do so now. If not, the court will inquire about your financial ability and appoint the public defender. Although skilled and dedicated, the public defender will not have the time that a private attorney will to give you and your case individualized attention due to their heavy caseload.

Do I still have to get the SR-22 insurance if I wasn’t at fault?

I was rear ended by another driver but at the time my car wasn’t insured. I received a letter saying I have to file for an SR-22 insurance or my license will be suspended. I would like to avoid both. What can I do from here?

Derek’s answer:

The Sr-22 requirement issued administratively by the Florida DMV is just that, a requirement. In order to maintain your driving privilege, you must comply with all DMV requirements to the "T", as driving is not a right nor an entitlement.

How to run state charges and federal probation violation together ?

My husband have 2 State charges one in Pa the other is in Florida he was also on a federal probation.

Derek’s answer:

Follow Mr. Kollin's advice and speak with his lawyers and/or Federal Public Defender, to see if it is possible to have the sentences run concurrent and what must be done to be sentenced on the federal probation violation charge first.

I payed my FL speeding ticket 4 days late. Will i have any penalties?

My ticket citation was due on September 10 and I paid it September 14th is this going to be a problem.

Derek’s answer:

At this point, either pay the late fees and get the points, or, don't pay the late fees and get your DL suspended or hire a traffic attorney and get the case reset for court. Call the Clerk or go there (it might be quicker to go in person) and find out whether the late fees are due and how much.

I received a Notice of Court Appearance from State of Florida by mail? For a traffic court. What happen if I do not show up?

Somebody hits my car in the back and she got a ticket and look like she does not want to pay and she put it on court. Now they sent a notice of court appearance for me and for the officer. I looked in internet and it says that I am a witness, but I do not want to go. What should I do?

Derek’s answer:

Most likely, you are the only actual witness as the cop most likely did not see the crash.. So, without your testimony, the other driver can get the citation dismissed. That will not help your insurance claim. Besides, you must comply with lawfully issued and properly served subpoenas.

Do I have a case if I was charged with a crime of driving while license is suspended without a suspended license?

I was in a car accident and was accused of lying to the officer about my license being suspended and of being a convicted felon with a firearm and obtaining a false concealed permit.

Derek’s answer:

You don't have a case if you think you are going sue. If the State has a case against you for either Driving While License Suspended or Possession of a Firearm by a Felon, then you need to hire a criminal defense attorney in Fort Myers.

What does 2c: 20-11B mean, is it a felony?

I was arrested for forgetting to pay for a ring because I had placed it on my finger.

Derek’s answer:

Call the court clerk in whatever county and state that you got arrested in, to know for sure. Trying on a ring, especially a good looking one, can get awfully distracting, especially if it feels good wearing it. This happens to a lot of people. Do hire a lawyer in whatever state and county that you tried the ring on.

Can I go to the DMV and put a lien on drivers license if his PIP doesn't cover my hospital bills?

I’m a bike commuter that was stuck by a driver on the sidewalk. I have a police report saying hes at fault. Im not sure if he was ticketed or not. My bills are way over the amount of his PIP and I cant sue him because he has no BIP insurance which in Florida is not required. Two law firms have turned down my case, but was advised If he was ticketed to put a lien on his license to help cover the cost of my hospital bill. I suffered a separated collar bone and a knee contusion which im still getting treatment for. Please help.

Derek’s answer:

Please consult with and hire a Florida personal injury attorney to represent your interests against the at-fault driver's carrier and the driver/owner. I am re-directing your question to Car Accidents.

I am out ROR on Reckless driving charge and I just caught a Retail theft charge?

I have the go to court in a few weeks on a appearance tick retail theft charge.. I am ROR on A misdemeanor reckless driving charge.. Are they going to keep me when I go to court on the retail theft charge.

Derek’s answer:

The State could easily move for ROR revocation. The best move is to hire counsel on both charges ASAP.

I live in Citrus Count, FL. I have a criminal charge

I was stopped by the police a week ago and was told my license plate did not match the records. I had these plates on for about a year and did not even think they could be wrong! But I discovered he was correct after I went to the DMV..My guess is that a friend put the plates on my vehicles for me (I am 69 years old and do not have any tools) and put them on the wrong vehicle. I never noticed. (I have a truck and trailer as well. ) If I had vanity plates (too expensive in Florida) I would have known immediately. The car plate was supposed to be on the trailer. (which has not been used on MANY MONTHS) I got a temporary plate from the DMV for my Jeep. 
But my citation says this is a criminal charge! 
I have NEVER been pulled over in my life! I also have a CDL (OVER 25 YEARS (for my truck and trailer) and thousands of miles on the road and never an accident or ticket. 
BUT: I ABSOLUTELY cannot be at the court on the day they state. I have a job in another state for a few weeks. (the court date is right in the middle of it and I will be about 500 miles away! 
How can I have this changed?

Derek’s answer:

As counsel has stated, hire a criminal defense attorney to appear in your stead and represent you in your criminal prosecution.

Does grand theft or larceny by passing worthless check fall under Florida Statute 812 or another Florida Statute?

Just trying to determine which Florida Statute does grand theft by passing worthless check pertain to. Is it 812 or another Statute?

Derek’s answer:

We are here to answer real questions for people with real problems; Not to satisfy the intellectual curiosity of people not in trouble. In case you are in trouble but are afraid to say so, lawyer up before the you know what hits the fan and stop worrying about statutes.

I sue The Toyota dealership I bought my truck from

I bought my truck from eight Toyota dealership had my truck For four months in four months as is but when I bought my truck Within the first three weeks my front right tire falls off caused me in accident the next week and left front tire s within the first three weeks front right tire cause next week left front tire falls off So I got it fixed it was the sam so I got it fixed it was The hub an actuator on both side so I naught 4 more tires three weeks they all wheat out because of the alignment two weeks later the brake caliber falls off causing need another accident so now I’m thinking it’s OK I’m good got it fixed I thought I was OK he says that most of the front but then my brakes definitely I thought I was OK he says that’s most of the front but then my brakes Go completely out and I totaled my truck now to mass at this stuff started happening I try to bring the truck that I paid 12,000 cash I want to give me four grand but I just put over 3000 parts and after that accident I’m not drivingNext time if you kill someone it was a depar next time if you kill someone it was a 
Default Can I see him so my time and the money I lost Food and rent and hygiene There fault.

Derek’s answer:

Reading your "question" was a horrible experience. Whatever shape your car's tires and brakes when you took it off the lot are now your responsibility to make safe and maintain in a safe condition. I urge you to purchase sufficient Bodily Injury coverage on top of the legal minimum requirement as well as uninsured/under insured motorist coverage because you live in a state with a very high percentage of uninsured motorists on the road.

If you were injured in any way in the accident(s) involving your vehicle, seek immediate medical attention and consult with a Florida Personal Injury attorney at once.

Also, your vehicle, if continually defective or unsafe, may fall under Florida's Lemon Law. Here is the FDHSMV link for more information: https://www.dmv.org/fl-florida/automotive-law/lemon-law.php

Can I fight a parking ticket due to an emergency?

I was in very painful and active labor and my husband parked the car in a spot outside of the emergency entrance but didn’t have time to pay the meter. I gave birth the same day. Can we use that to fight the ticket?

Derek’s answer:

Challenge the parking ticket at a hearing. What better evidence than a birth certificate is there? Congratulations.

I need a Florida state ID. Will they know I have a violation of probation warrant in DE?

I have to get ID asap. I'm pregnant and need it for the proper care. I plan to go back to Delaware and turn myself in but I don't want to while I'm pregnant. I'll plan everything out before going and get an attorney.

Derek’s answer:

I urge you to follow counsels' advice and resolve your Delaware warrant before subjecting yourself to possible arrest in Florida and wait no certain time behind bars to be transported to Delaware or not. First step, hire Delaware criminal counsel.

 

CRIMINAL TRAFFIC

Okay so I got a DUI in Pennsylvania but I’m moving to Florida prior to my license suspension, can I obtain a Florida license?

If I obtain a Florida license prior to my coonviction is it possible to drive in Florida with a Florida license...thaks for the information

Derek’s answer:

As my colleagues stated, you won't pass under the Florida DMV radar and that could result in criminal charges if caught driving without a license. You may be eligible for a business purposes only permit. Consult and hire counsel in PA and FLA as its false economics not to proactively handle this now.

How to avoid an interlock system?

Got a DUI through the West Virginia DMV court. Was ordered to have an interlock system for 2 years. It's been over 6 years since this occurred. I now live in Florida. Is there any way I can get a Florida license without doing the interlock?

Derek’s answer:

Absent a legitimate medical waiver there is no obtaining a Florida driver's license without complying with all prerequisite conditions as the Florida DMV subsumes a driver's record from all state participants of the Drivers License Interstate Compact including WVA.

If I got my DUI 5 years ago and haven't driven since would I need to file an sr22?

I got a DUI in Maine and haven't drove since, it's been 5 years and I'm getting my licence reinstated.

Derek’s answer:

Mr. Haber has provided sage advice on the Florida DMV (They who must be obeyed!) An administrative ruling, like your SR22 requirement, will not disappear even after many years. All Florida DL holders who are cited for DUI or under any equivalent out of state statute are viewed as having been cited in Florida.

I have to attend a DUI level 1 course for a DUI I was charged with in 1993. Should I expect to have a drug test?

The program shall include a psycho-social evaluation to determine the existence of a possible alcohol or other drug abuse problem. The substance abuse evaluation component involves the identification, collection, analysis, and interpretation of information about the client.

Derek’s answer:

Yes, you should expect and be prepared for U/A as part of a Level I DUI class. A substance abuse evaluation and follow up treatment invariably includes U/As required over the period of treatment.

My ex just got another DUI it's his weekend with kids but he will not let me pick them up until 9 he says it's by law but how?

We've been divorce for less than a year he's an alcoholic who says he doesn't have problems he has our kids this weekend n I want to go get them what can I do.

Derek’s answer:

This needs to be brought up before the Family law court that approved your present parenting plan as circumstances have changed. As counsel stated, an additional option is for you to file a Domestic Violence Restraining Order on behalf of the children and for you. I would consult a family lawyer for both options although as criminal defense attorneys, we represent parties in DVRO hearings.

 

JUVENILE DELINQUENCY

What is the worst that can happen?

I’m a youth offender i been in jail for 16 months now i'm in Florida i got charge with robbery did bootcamp completed bootcamp and was place on probation for 4 years. Now i'm in jail for tampering and perjury charge i wasn't convicted for tampering but i was convicted for perjury i'm now awaiting sentencing what is the worst that can happen to me because i am a youth offender.

Derek’s answer:

You can get 5 years on the perjury charge as an adult consecutive with your sentence on the violation of juvenile probation. Now is the time for you to lawyer up.

Can a minor child be charged by a parent for vandalizing that parent's property in FL?

We have a very aggressive, verbally, and physically abusive son who has punched his mom, slammed doors through walls, punched and cracked windshields and dashboard. He has now broken the visor on my wife's new car. He, also, draws penises on both vehicles and home windows. ( Currently used his finger in dust and spray deodorant to do his art work)

Derek’s answer:

Can you exhibit love tough enough not to devolve into abuse (for which you could be charged for)? 
No doubt ruthless coercion must be exercised. There is ruthless coercion which does not involve abdicating responsibility in favor of government action (police, prosecutors, Department of Juvenile Justice, Department of Children and Families) which is so often deleterious to everyone involved and often with permanent damage.

 

SEX CRIMES

Can a sex offender that committed crime in Florida relocate like say to Kentucky?

Son is a registered sex offender in Florida but we want to move back to Ohio or Kentucky we don't want to be stuck here in Florida

Derek’s answer:

Each state and locality have different registration and reporting requirements as well as residential restrictions. Be sure to check all legal requirements ahead of time. Defense lawyers from those jurisdictions should be willing to help or lead you to the correct information.

Would a 18 year old boy go to jail for dating a 15 year old girl?

If a 18 year old man and a 15 year old girl are together with no sexual contact could he go to jail?

Derek’s answer:

If dating includes any sexual activity including "heavy petting" then the 18 year old risks being arrested, jailed, aggressively prosecuted, imprisoned and registered as a sexual predator. In Florida, a 16 year old, no younger, can consent to have sexual activity with a person no older than 23.

Can a 16-year-old boy have sexual intercourse with a 14-year-old girl in the state of Florida?

I want to make sure my 16-year-old son does not get in trouble by having sex with a 14-year-old girl.

Derek’s answer:

If he has any sexual activity of any kind with the 14 year old, your son will be facing arrest, aggressive prosecution, incarceration and facing a lifetime status as a registered sexual predator like anyone else who has sexual activity with anyone else 15 or younger. Keep in mind that parental consent does not matter. The girl does not have the legal capacity to consent to any sexual activity, so her apparent consent does not matter. In fact, any sexual activity including groping with clothes on is forbidden by law and carries similar penalties.

Will my sisters fiancee go to jail because they are expecting a baby?

In the state of Florida, my sister who is 14 is having a baby with her 17 year old fiancee both parents know. Can he be arrested for this? She is scared to go to a doctor or even the hospital for delivery because he might go to jail and wont be there for their baby. Legally what can happen in this case? If both parents give consent. She wants to keep the baby and so does her fiancee. Yes this sounds crazy to me too but my sister is extremely mature beyond her years and they have been together for quite some time. Its now an issue because of the ages and a baby on the way. In all honesty no one would have ever known about them if she hadn't gotten pregnant so now they are scared.

Derek’s answer:

Your sister's boyfriend can expect to be arrested prosecuted convicted and sentenced and registered as a sexual predator despite any wall of lawyers for in Florida consent does not exist for persons under age 16. Parents' consent matters not a whit. Still, both your sister and the boyfriend will need lawyers for their preservation of rights and mitigation of charges as to the boyfriend and for dealing with government agencies (like DCF) for your sister. As counsel noted, there are post-conviction processes which will lessen the brunt for the boyfriend as to registration as a sexual predator. Both sets of parents will not emerge without scrutiny especially with the dependency court.

 

DOMESTIC VIOLENCE

Do I have to give the father of my child my phone number?

The father of my child is a an abusive person. 4 years ago I had a restraining order on him and then tried to get one again when he was following me and my new partner around but was denied. in the past he has threatened to kill me and put his hands on my for years. When I finally left he had my phone number however due to him harassing me I had to change it and somehow he would always find it. He even ended up finding out where I lived and rented an apartment in my same complex not knowing that I was already moving out. He would call my job about 15 times a day to the point where I almost got fired and IT blocked his phone number and then he would calll private. I have since then changed my number for 3 years now I blocked him and call him on block phone number and communicate through email as well. He told my son he would no longer answer blocked calls so if he calls then he wouldn’t answer anymore. I can’t afford another cell phone because he is not paying child support anyways for the past year(yes there is an active case in broward county). Do I have to give him my phone number ?

Derek’s answer:

This is a question that should be discussed in person with your attorney. Issues include whether or not he is in the jurisdiction of the court which issued the restraining order and whether that order is still in effect. Other issues involve parenting and time sharing and the court that has jurisdiction over those issues. If you are without a family lawyer or defense counsel on the Restraining Order, I urge you to consult with one.

How long does it take to get a custody order domesticated to Florida? What is the process and cost involved?

Expecting that the ex will fight my court order from a different state when I go to pick up the kids. I am afraid he will refuse and get the police involved and since it is an out of state order they will not force him to give me the kids.

Derek’s answer:

There is comity between states on child custody orders. Forum shopping is prohibited by interstate agreements. I am redirecting your question to the child custody forum.

Can I file a domestic violence injunction on my children's father?

I have 2 kids, two years old and three and a half. I left their father in February 2018. He got a DUI last year and violated his probation last year as well, so in March he went to jail for about a month to take care of his violation. Since then I have been bringing both kids to his house so they can visit. He does not have a license so I am the one that has been bringing them and picking them up whenever they go to his house. I have had to call the cops 3 times in the past few months because he has not allowed me to leave his house with the children. Recently his behavior towards me is getting worse, so I filed custody papers thru the court but our date is not for another month. He is not understanding that I do not want a relationship with him and he continues to tell me that what i say doesn't make a difference, I am still his. Am I able to file an injunction against him for how he is acting to protect myself?

Derek’s answer:

Whether you have grounds for a judge to issue a temporary restraining order based on a petition followed by a domestic violence restraining order hearing can be determined with a thorough consultation with your lawyer. As this would affect time sharing, consult with your lawyer handling the custody/parenting case. He or she can handle both, the issues being the same. Do not proceed without legal counsel in either matter.


Accused of violating an injunction

My ex that I haven’t been with in 2 years has a no contact injunction on me, I moved away and have been gone a year, i recently came back in to town only to find out i had a warrant for my arrest for breaking the injunction via phone calls and text...

Derek’s answer:

Consult with an hire a defense attorney without delay. The issuance of the warrant can be confirmed and your surrender and jail walk through can be arranged rather than events forcing you.

Who do I cant contact to help when you have no money ?

The 1st of the month DCF showed up after my fiance was arrest for domestic violence. We where both drinking that night I called the cops of him because I didn't want him to drink and drive with my children. Unfortunately after drinking to much he smacked me and my daughter was in my hand. They took my statement while I was drunk arguing with him and took pictures of my face. the next day I contacted the state attorneys office and explained he slapped me still wrong but in my report I put he punched me. I don’t even really remember what happen. Our kids where sleeping and we where suppose to spend the night out at our friends if we where to drink. 
Once DCF had arrived they questioned me about the night I explained it got way out of hand and I was not going to press charges. She then explained to me how she had went threw the same thing with her ex and he will do it again and I must press charges or she will be forced to take my kids. After getting very upset with her. my kids where hungry and I was ready to leave. She made me sign papers about safety of the child as she explained. Then she left 2 mins later she was back. All charges are dropped but she will not let my fiance back home.

Derek’s answer:

Now that the police were called and DCF is involved, your only option is to comply with what DCF tells you to do, to the "T". Doing so, is the only way you and your kids will emerge from this situation intact. The greatest danger you are facing is not the prosecution of your fiance, even if he wasn't abusive and way out of line and he was. Your greatest danger is DCF and what permanent damage that soulless state agency can do to you and your kids if you do not cooperate with their demands, however burdensome and unreasonable those demands may seem.

Since DCF is calling the shots regarding your actions in the criminal case against your fiance, you should cooperate with their demands. Your fiance needs representation by a skilled and diligent criminal defense attorney. If he or his family can't afford hiring a private criminal defense attorney, then the court will appoint the public defender. Until any "no contact" order is modified or lifted by the court, make sure you do not initiate contact with your fiance, or DCF can and will follow through on threats of taking your kids away. If you or your family can afford to hire a skilled and diligent dependency/family lawyer to represent your interests, I urge you to do so as soon as possible.

Hi if my husband was charge with felony n I sign a no prosecution order n his attorney surpena me what does that mean?

We was arguing n he push me on the bed i was not hurt or harm but i call the police he had a machete in his had when the police arrived they charge him with felony i file a no prosecution order but his attorney surpena me what does that mean?

Derek’s answer:

Since the police saw him holding a machete, the State most likely, will not need your cooperation to take him to trial. You are free to speak with his attorney and/or to hire your own attorney as your victim's advocate, as well. Many criminal defense attorneys serve in this role for victim/clients.

 

DRUG CRIMES

What will happen if I fail a drug test during my second meeting with my probation officer?

I know I’m not going to pass the test. Smoking helps me sleep at night and regulate my diet. I know I sound like an addict but I believe I need it medically do to traumatizing experiences I’ve had.

Derek’s answer:

Expect to be violated and face the consequences which most often involves commitment to a facility or incarceration for adults. Hire a defense lawyer to argue mitigation of the circumstances if you can.


Can a confidential informant sell drugs with law enforcement being aware and letting the person do so?

Person in my family has been in trouble numerous times spent time in jail then got pulled over trafficking 30 pds of marijuana across state lines there were two other people in the car only did one month in jail now his out again with no real job ...

Derek’s answer:

Yes, CIs can sell drugs under the auspices of law enforcement. Take Mr. Haber's advice and stay clear of this person as well as not involving yourself with law enforcement as to his activities.

 

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We hired Mr. Derek Tyler to represent my fiancé for a traffic ticket resulting in injuries to us. He was always in contact with us. He went above and beyond to help us understand the process. He went for a Not Guilty verdict and accomplished that. He didn't just want case dismissed. He believed in us and we believed in him. I would highly recommend Mr. Tyler for your attorney!


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Derek M. Tyler, P.A.

serves all of SW Florida, including the cities of Fort Myers, Naples, Punta Gorda, Cape Coral, Port Charlotte, Labelle, Clewiston, Moore Haven, Ortona, Muse, Pine Island, Lehigh Acres, Gateway, Alva, Fort Denaud, Montura, Marco Island, Immokalee, Felda, Ave Maria, Palmdale, Sanibel, Englewood, Everglades City, Chokoloskee, Golden Gate, Lely, Estero, San Carlos Park, Fort Myers Beach, Bonita Springs and these counties: Lee, Collier, Charlotte, Hendry and Glades.


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