The information on this page was republished verbatim from files released by Orange County Florida.
Please keep in mind that when a criminal justice suspect such as RICHARD ESARDIAL is detained, he is entitled to a speedy trial and to participate in his own defense.
RICHARD ESARDIAL is entitled to be represented by an attorney and the State of Florida is required to provide legal counsel to RICHARD ESARDIAL if he or she
cannot afford to hire an attorney in private practice.
RICHARD ESARDIAL or his/her attorney is also permitted to conduct discovery before a trial is held to determine his/her innocence or guilt in connection with the charges contained on this page. RICHARD ESARDIAL will not be required to prove his/her innocence if a trial is held in connection with these charges; it is the State of Florida that bears the burden of proving the guilt of RICHARD ESARDIAL. That guilt must also be proven beyond any reasonable doubt.
For more information about the status of the State of Florida's case against RICHARD ESARDIAL, please call or e-mail the Clerk of Court in Orange County, Florida.
Date Of Detainment:
DUI-UNLAW BLD ALCH-DUI INFLUENCE OF ALCOHO
Please remember that our company is not a criminal justice agency.
We did not detain RICHARD ESARDIAL and have no further details in our possession regarding the status of RICHARD ESARDIAL.
Our company is merely reporting on these pages that an arrest of RICHARD ESARDIAL took place in or around Orange County Florida as permissible
by the First Amendment to both the United States Constitution and the Constitution of the State of Florida.
Kindly also keep in mind that information released as part of a public record does not cease being part of the public domain after an expunction has been granted. (Please see Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)). In the State of Florida, pursuant to Fla. Stat. 903.585, an Order To Expunge requires "criminal justice agenc[ies]" to seal the applicable material. Said criminal justice agencies likely will be included on the Service List which typically is located on the last page of such an Order.
In short, Orders to Expunge apply to documents maintained on file by courthouses, sheriffs offices, and the like. "Expungements do not transmute once-true facts into falsehoods. They do not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. They cannot banish memories. Expungements are not intended to create an Orwellian scheme whereby previously public information -- long maintained in official records -- now becomes beyond the reach of public discourse. Although an expunction generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth." (Please see G.D. v. Kenny, 205 N.J. 275, 301 (N.J. 2011)).
RICHARD ESARDIAL is 100% innocent of all charges contained on this page until adjudicated otherwise in a court of law.