Archive for 'Frequently Asked Questions'

Q.”What if I’m falsely identified and wrongfully arrested and accused of a sexual offense, and the police and prosecution are then aware of this and drop the charges, can’t I get this arrest sealed?” A. Ft. Lauderdale criminal defense lawyer John M. Castellano tells you the real deal:

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“You don’t have to be a Florida federal criminal defense attorney or a Fort Lauderdale criminal defense lawyer like me to see for yourself that sexual battery offenses and/or lewd and lascivious behavior or sexual assault charges are NOT “eligible” for “sealing” or “expungement” under the statutes and laws of the State of Florida.

Just quickly look at www.fdle.state.fl.us/expunge for the unfortunate proof that all sexual assault or lewd and lascivious or sexual battery charges are “ineligible” for sealing or ...

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Q. “Are depositions always helpful in criminal cases?” A. “No,” says Fort Lauderdale criminal defense lawyer John M. Castellano, “and here’s why:”

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I’m a Florida federal criminal lawyer too’ so I can tell you with authority that in Federal Court they don’t allow for “depositions” (A “deposition” is a proceeding — fairly informal,usually in a conference room, with no judge present, but with a court reporter present, as the lawyer questions the witness/”deponent” under oath about the facts of the case, what they observed, their background, etc)

Though it’s true I’m busy as a Florida federal criminal lawyer — where depositions are NOT ...

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Q. “Why can’t I get a ‘diversion’ deal on a DUI, when guys are getting “pretrial diversion” or “pretrial (“PTI”) intervention and eventual dismissals on felony drug cases?!” A. “Great question,” and get the answer from Fort Lauderdale criminal defense lawyer John M. Castellano:

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Sometimes your well-intentioned friends– who wouldn’t know this, unwittingly mislead you with tales of other cases and the results in other cases. Any 1st year lawyer or public defender can score a “drug court” “PTI” (“Pre Trial Diversion”) program for any defendant who stands accused of felony drug possession, whether it’s heroin, cocaine, regardless; and yet they may tell you they scored an unbelievable deal, because their lawyer was especially dug-in with the prosecutor or “knew the judge.”

I had a ...

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Q. “When can the police come into my home without a search warrant?” Ft Lauderdale criminal defense lawyer John Castellano tells it like it is — all you need to know about your rights!

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“When can the police come into my home without a search warrant?” I’m often asked. I’ve been a federal criminal lawyer and a Ft. Lauderdale criminal defense lawyer for over twenty (25) years now and the answer is almost always the same (regardless of the crime charged or type of case, whether a homicide, sexual battery, drug trafficking, theft) — They can enter your home without a search warrant whenever you give your “consent” or permission; and of course, this ...

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Q. “How is it that I can be arrested for ‘practicing massage without a license,’ when I do have a license for body wraps?” A. “I have a drivers license for my car, but how is it that I can be arrested for driving an 18 wheeler truck, when I don’t have my CDL license as a tractor trailer truck driver?”

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The veteran detectives in Florida — as in most areas of the country, know that many massage establishments are “fronts” for prostitution, as unfair and demeaning as this may sound to legitimate massage professionals. Your “body wrap” license is what you use to score your job as a supposed “legitimate” professional, when in reality, according to their way of thinking AND their experience, you’re being used by the owners of these establishments as a legitimate “cover” or “front” for them ...

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Q. “Can I be deported even if I’m in this country legally, just because I’m arrested and not convicted for a small amount of marijuana, a misdemeanor simple possession, not even a felony?” A. “Yes, and here is why,” says Florida criminal defense lawyer John M. Castellano:

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The Feds don’t care anymore whether you’re “convicted” or not — and they don’t care anymore if it’s ONLY a “misdemeanor” small “personal use” amount of marijuana; they’re initiating deportation proceedings either way these days! I may not be as renowned as a Ft. Lauderdale or federal immigration attorney — as most folks know me as a Fort Lauderdale criminal defense lawyer and Florida criminal lawyer, BUT I do know enough about immigration laws these days (as they relate to ...

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Q. “How can I get my brother out of the U.S. Marshal’s lock-up, you know, get him bail, when he’s federally indicted?” A. “It’s a simple enough process, to score a nice bond with a federal Magistrate, assuming your brother has ties to the community, has not fled the jurisdiction on earlier occasions, has little to no criminal history record, and assuming that he is not considered a “flight risk” from his own actions or the facts and circumstances surrounding his arrest,” opines South Florida federal criminal lawyer John M. Castellano

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What’s the best type of bail or “bond” in these federal criminal cases?

It’s called a personal surety bond — and this is the best type of bond you’ll want your federal lawyer to shoot for, since you won’t be required to put up any $$ money $$ and no out of pocket expenses for this type of release.

The next best type of bond is the “corporate surety bond,” but it costs you fifteen (15) percent of the total bond amount, ...

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Q. “Can I really go to jail for grabbing a guy in a traffic accident, if it looks like he’s going to flee the scene?” A. “Not justto jail, but 30 months in Florida State Prison under Florida’s new law,” warns Ft. Lauderdale criminal defense lawyer John M. Castellano.

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If you grab the guy when he is “out” of his car, then you’re only facing the “misdemeanor” charge of “battery,” BUT if you reach in and touch the guy while he is STILL in his car, then you’re facing a serious “felony” (assuming you do this in Florida) called “Burglary of a Conveyance” (“conveyance” meaning a car or truck or any vehicle) and this scores out to thirty (30) months in Florida State Prison!

Yes, many of you know me ...

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Q. “My boss is up to no good at work and I’m afraid of losing my job if I complain, but do I have any legal rights here?” A. “Yes, and though I’m known as a Ft. Lauderdale criminal defense lawyer, I know enough about Florida’s ‘Whistle Blower’ statute to be dangerous … to your employer!”

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Florida thankfully has the “Whistle Blower” law to protect people like you who just want to work in a safe, law-abiding environment without fear of being fired or of experiencing any adverse employment consequences. The Florida Legislature was well aware of the fact that many employees experience wrongful termination and/or demotion and a host of other reprisals or retaliation measures, when they complain or try to correct the illegalities or dangerous conditions knowingly allowed by their employers. The law is ...

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“Can I be charged with ‘possession’ just because I’m with my friends who are smoking?” A. “Yes, but I thankfully didn’t come this far as a Florida criminal defense attorney, without knowing how to get you out of that wrongful arrest!”

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News flash! :)Ft. Lauderdale criminal lawyer John Castellano offers help now! Seriously, the following is just a little insight into how you might get some real help, if you’re “at the wrong place at the wrong time,” wrongfully arrested:

My two decades of experience as a federal criminal lawyer and Florida criminal defense attorney, have equipped me to trumpet the legal defense of “mere presence,” a defense that is available to you or your loved ones (along with the doctrine of ...

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