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Florida Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Florida on
Q: I have a friend in jail has a VOP he was put on probation 4yrs ago are they going to give him time or let him go

His name is Kevin Wayne Estep he's in Montgomery county prison in Jacksonville FL

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: Legal advice for drug trafficking charge in Fl?

My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More

Rod Caruco
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answered on May 13, 2024

Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More

0 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: Is it better to find drugs on your person or in your vehicle if you get pulled over?

my brother got pulled over for tint, the officer brought out a K9 for an air sniff & got a ding. Found 900g of ice on his person, he put in a not guilty plea & im just trying to understand if there’s any way he won’t be gone for a long time. Does it being on his person do something... View More

1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B...
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0 Answers | Asked in Criminal Law for Florida on
Q: what legal action can be taken against someone who gave me post dated checks as a form of payment, without funds

he kept asking me for more time to cash the checks without any resolution

0 Answers | Asked in Criminal Law for Florida on
Q: My son gave a confession and stated he was there and had a gun he never shoot he leaves before shooting

The confession got two other kids arrested they hit evidence on the other kids but insufficient evidence on my son

0 Answers | Asked in Criminal Law for Florida on
Q: If there’s been a warrant issued, but no arrest yet, how can I find what the allegations are on the affidavit?

The clerks office doesn’t have anything online when I search the case # and when I call, there is a case file but they say there’s no activity on it.

0 Answers | Asked in Criminal Law for Florida on
Q: if someone is recording audio of me in Florida no consent, can I record audio of them asking if they are recording me?

I have security cameras around my house for general security and when I take road trips, some of the cameras look broadly and capture my yard mainly, some of my neighbors yard and the golf course. None of these cameras record audio and the motion detection is only set to record if there is movement... View More

0 Answers | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Florida on
Q: will I get sentenced at the court date or just a fine?

citation for smoking and possessing w**d, never been in trouble so if get a lawyer will that automatically make it a case?

1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I've been charged with failure to return hired vehicle. The sworn affidavit has dates not right, they lied. Help

My contract and extension dates don't match affidavit. Plus my husband's direct deposit debit card was put in file for the last extension before I was stoped and surrounded by state police filming the stop(traumatic). I'm 55 my husband was in PA our motor home burnt to the ground and... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2024

The way for you to get the help you need is to promptly schedule a consultation with a lawyer in your area. You said you are "charged", which I assume means a criminal charge. If so, seek a criminal defense attorney. You can click on the Find a Lawyer tab at the top of this page and... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My pti specialist told me when I payed for my last drug screen and received the results that I would be done

I asked her how I would know I’m done but I get no answer , do they send a letter that I finished or call?? How does the completion process work ?

Leonard Louis Cagan
Leonard Louis Cagan
answered on May 1, 2024

Although PTI is fairly standard statewide, it is governed by local practices and the original written agreement. The agreement usually has a specific timeframe but may allow for early termination of the PTI if all of the conditions are completed. The entity that is charged with supervising the PTI... View More

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

James L. Arrasmith
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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Bond/Bond hearing, or possible deals that could be offered.

My daughters dad was recently arrested after our county’s felony probation officers Searched his home & car on 4/20.

He had been on felony probation since beginning of 2023, They most recently charged him with intent to sell, and possession of marijuana, Prozac (which is prescribed... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If a defendant is given a retrial due to ‘erroneous jury instructions’, could they still present other issues (cont’d)

that went wrong in their previous trial to the court?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

In general, yes. A retrial means the trial is done over, so the defendant could try to prove matters that could have been presented in the first trial.

1 Answer | Asked in Criminal Law for Florida on
Q: Does a defendant still have the right to exercise their fifth amendment right to face their accusers in a retrial?

Even if they have old transcripts?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Not if a witness is unavailable and the defendant had the opportunity to cross-examine the witness in the first trial.

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