They later dropped the theft and now I have a drug charge is that still possible
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answered on Apr 15, 2024
Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.
However, you mentioned you may not have been... View More 
I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More
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answered on Apr 15, 2024
It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More
I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More
answered on Apr 15, 2024
PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More
And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?
*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.
answered on Apr 14, 2024
Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More
I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.
It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More
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answered on Apr 5, 2024
This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More
I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More
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answered on Apr 1, 2024
In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:
1. Obtaining the footage: You... View More
I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More
answered on Apr 1, 2024
The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More
I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?
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answered on Mar 30, 2024
If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More
Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.
answered on Mar 29, 2024
Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More
I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.
This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More
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answered on Mar 28, 2024
To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation... View More
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answered on Mar 26, 2024
When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More
I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More
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answered on Mar 26, 2024
In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More
There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More
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answered on Mar 25, 2024
In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More
I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More
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answered on Mar 25, 2024
If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More
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answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
Typo. Don’t have to have their dash cam activated
answered on Mar 22, 2024
Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More
I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.
When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More
answered on Mar 21, 2024
Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.
They turned off body cameras and locked her in her garage while making her do degrading things, touching her breasts and vaginal area, making her crab walk naked in front of three male officers. They took her husbands cell phone and days later told her to reach out to possible people her husband... View More
answered on Mar 20, 2024
You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More
also discrimination, police brutality, health issues & more
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answered on Mar 14, 2024
When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More
I was a victim of grand theft. The case dragged out for 3 years and was complex. A plea deal was arranged in which the defendant paid back part of the money and in return there was no probation or ongoing restitution. That was it. The defendant wanted that deal or wanted to go to trial. So D.A... View More
answered on Mar 11, 2024
Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More
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