Criminal Law Questions & Answers

Q: My daughter was shot and killed while she was five months pregnant. the state attorneys office refuses to file charges

1 Answer | Asked in Criminal Law for Florida on Dec 19, 2014

Answered on Dec 21, 2014

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Robert Jason De Groot's answer
The state attorney makes the decision to file charges. You could sue for wrongful death, but you do not want to do that. You would probably have to pay a ton of money to an attorney to do that anyway.

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Q: How long can a minor be held in jail for being accused of rape?

1 Answer | Asked in Criminal Law for Florida on Dec 20, 2014

Answered on Dec 21, 2014

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Robert Jason De Groot's answer
It depends on the facts and your friend's story is quite different from the story that the state will tell. You say that the state doesn't have any proof evidence or witnesses. You must be wrong. He needs an attorney to investigate the evidence that the state does have. It is not called rape in Florida, it is called sexual battery.

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Q: A 21 year male deceived a 16 year old female about his age and got her pregnant? Can I have him prosecuted?

1 Answer | Asked in Criminal Law for Florida on Dec 18, 2014

Answered on Dec 19, 2014

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Robert Jason De Groot's answer
What is it that you think he can be prosecuted for? If she did not consent, perhaps he can be prosecuted for sexual battery. The thing to do when you think a crime has been committed is report it to the police. He might be prosecuted for contributing to the delinquency of a minor.

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Q: what time or charge do you get for false accusation

1 Answer | Asked in Criminal Law for Florida on Dec 17, 2014

Answered on Dec 19, 2014

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Robert Jason De Groot's answer
Filing a false police report is a first degree misdemeanor in Florida and the potential but unlikely punishment is up to one year in the county jail.

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Q: What is the statue of limitations on a fine in painsville

1 Answer | Asked in Criminal Law for Ohio on Dec 18, 2014

Answered on Dec 18, 2014

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Matthew Williams' answer
Your question is somewhat unclear. The statute of limitations refers to the time the state has to bring a charge after an offense is committed or the time a person has to institute a suit after a civil wrong is committed. If you were cited, ticketed, or indicted, you were charged then and there is no statute of limitations issue unless that happened long after the alleged offense. Once you've been cited and a fine has been levied, it will not go away over time.

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Q: Can you be tried for the same case twice, isn't that called double jeopardy,

1 Answer | Asked in Criminal Law for Florida on Nov 4, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
That will not be considered double jeopardy unless it is the exact same acts.

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Q: Charged with 2nd degree misdemeanor under 60.00 at 22 years never got arrested before . what will happen

1 Answer | Asked in Criminal Law for Florida on Nov 11, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
You might be offered a diversion program. You need to get an attorney.

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Q: I was in a lady's house and her pills came up missing the police have talked to me. Will I be arrested

1 Answer | Asked in Criminal Law for Florida on Nov 13, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
If you are arrested you will need to get an attorney for this matter.

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Q: I would like to know if I have a case for law suite against law enforcement and press charges against my ex.

1 Answer | Asked in Criminal Law for Florida on Nov 13, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
I do not believe that you have a case on these facts. There must be more to it. Go see an attorney about this.

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Q: This is a serious question, do not disregard due to the subject. Are dildos illegal to show in public in Florida?

1 Answer | Asked in Criminal Law for Florida on Nov 15, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
If this question is actually serious, you should at least get a conference with a criminal defense attorney. I would actually have to do research to answer your question, and I am not willing to do that for free. While I suspect that you might be right, your actions could perhaps be subject to criminal prosecution, for what exactly I do not know yet.

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Q: My former employer is trying to make me pay back over $5000 in discounts because he said i stole it from his business,

1 Answer | Asked in Criminal Law for Florida on Nov 30, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
That depends upon a number of factors. The first of which is whether you have been charged criminally. If you have, you need to get an attorney.

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Q: I was given 30 days to appeal a criminal judgement. My attorney filed the appeal and requested a public defender for me.

1 Answer | Asked in Criminal Law for Florida on Dec 3, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
A notice of appeal must be filed within 30 days. You cannot just sit around and wait. Contact the appellate division of the public defender's office immediately.

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Q: can a N.Y. state district attorney give a bank advise on refunding fraudulent transactions

1 Answer | Asked in Criminal Law for Florida on Dec 5, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
You have to ask a criminal defense attorney in NY this question.

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Q: When a written statement is given with no knowledge of rights and incriminates self, can this statement be withdrawn

1 Answer | Asked in Criminal Law for Florida on Dec 9, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
You need to get a criminal defense attorney. You are asking the wrong question, and the attorney will investigate all the facts and circumstances and represent you accordingly.

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Q: def. adj. prob. deadly conduct/handgun. will my record be auto. immediately clean when completed in Texas?

2 Answers | Asked in Criminal Law for Texas on Dec 16, 2014

Answered on Dec 17, 2014

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Anna Summersett's answer
It will not. You need an attorney to file a petition for non-disclosure. If granted your record will not be disclosed to anybody except for law enforcement and certain state agencies. Contact a local, experienced defense attorney today for assistance as the process for eligibility is quite tricky and you may only get one shot at it.

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Q: is it legal to bust in to a hotel room whith out letting the guest lknowong and while thwre sleeping

2 Answers | Asked in Criminal Law for Texas on Dec 14, 2014

Answered on Dec 16, 2014

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Anna Summersett's answer
In certain situations, a hotel manager may provide law enforcement with consent to search an area of the hotel, even hotel rooms. However, if you verbally stated you did not consent to search when the police where there then a judge may rule their continued search illegally. Of course, a search warrant would allow for the search with or without your consent. Contact a local defense attorney today to discuss your options with a motion to suppress.

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