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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Can I get in trouble?

If I live in a home where I rent a room and I suspect that the other tenants are making illegal substance and dealing in stolen bicycles what can I do? I can't afford to move and I don't want to get anyone angry at me either.please help

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2022

As the saying goes, "You can't have your cake and eat it too". Either move, get the other tenants angry at you (by reporting them), or risk get in trouble with the law. If the authorities find out about the illegal activity conducted in the home, you will probably be accused of being a part of it.

1 Answer | Asked in Criminal Law for Florida on
Q: How would I find a criminal attorney in the Brandon area that is currently offering their services Pro Bono?

11-04-22 I was arrested for shoplifting at Walmart in Valrico FL and charged with F3 Petit theft, the total $109.00 (laundry soap, dog food, pillow case, carpet cleaner for urination from dogs, milk, eggnog) I was not told my charges untill I asked at his vehicle. I was not read my rights. I asked... Read more »

Jacob W Pillsbury
Jacob W Pillsbury
answered on Nov 23, 2022

Most Attorneys do not offer pro bono services. However, the constitution guarantees you representation in any criminal case which could result in a jail sentence (or probation). If you cannot afford an attorney, the Judge in your case will appoint the Public Defender's office to represent... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: A big drug dealer is arrested for possession with a gun near a lawyers law office. Because of the proximity, his siste

A big drug dealer is arrested for possession with a gun near a lawyers law office. Because of the proximity, his sister suspects the lawyer to be a cop, informer or snitch. The sister agrees to meet with two other of the lawyer’s drug clients at a hotel to determine whether or not the lawyer is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2022

Do you have a legal question about this apparently hypothetical scenario?

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Is a registered sex offender allowed to live on the same property with young children he is related to?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 9, 2022

Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I on probation, I have employment in Fla, my probation ofc wants to call my work and it will cost my job. can she ?

Does she have that right? I'm supposed to obtain gainful employment and I have.... if she calls them it will cost my job... I work at a respectful country club

Leonard Louis Cagan
Leonard Louis Cagan
answered on Nov 7, 2022

Probation does have a right to verify your employment and place of work. Your attorney or you can file a motion with the court asking that an order be signed instructing the probation officer to verify employment via paystubs, etc. You can try speaking honestly with your probation officer to see if... Read more »

2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 6, 2022

That's weird. A reporter must provide a requested transcript to a party to the case if the party pays the estimated cost up front, and an appropriate motion to the court may be made to seek relief. Which law applies depends on which court you're in.

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2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: A search warrant was served in a house i was living in, the police lied about an arrest warrant

They had for me, calling me out of the house prior to entry, i was awakened by this and put on a pair of shorts that wrrent mine. They searched me and found drugs. I would have never put on those shorts if they hadnt lied about the arrest warrant because i wouldnt have gone outside. All charges... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 28, 2022

You apparently have a pending criminal charge. You therefore must promptly address your issue with your criminal defense attorney. If you don't have an attorney yet, hire one now , or if unaffordable, determine if the Court will appoint the public defender. Of course it' s not... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: My son was a victim. A plea deal is set.I have a civil Lawyer..are assets applicable despite exemption laws?

He had to go through testing prep meds and testing bc of this. I just want to know if assets partially even can be included for pay out.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2022

All and every question you have should be directed to your attorney. He knows your case, and this is what he does.

2 Answers | Asked in Criminal Law for Florida on
Q: If I have a mandatory appearance Orange County California but live in Florida , can I send an attorney to court

It’s a arragnent for public intoxication

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2022

An attorney licensed to practice in California could appear for you. Ask that attorney whether you also have to be there in person.

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1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I am 73 years old, living permanently outside the USA for 12 years now. I have been informed of a warrant for my arrest.

The warrant is for failure to appear in front of a judge after receiving a traffic ticket in West Palm Beach, Florida in April 2011. How can I have this warrant dismissed?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 18, 2022

You should retain a criminal defense attorney in Dade County to call a local prosecutors office and negotiate a resolution to this problem.

2 Answers | Asked in Criminal Law for Florida on
Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

Jonathan Blecher
Jonathan Blecher
answered on Sep 7, 2022

If your attorney can proffer a reasonable explanation to the prosecutor it's possible. If the medication was not in it's prescribed container (like the bottle from the pharmacy), that's a misdemeanor. However, if the medication is a controlled substance, it will take some convincing.... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: if i get a charge in another county and have to go to court there do i get a lawyer from that county or my county ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

It's up to you and whichever lawyer you want to hire. Depending on how far away the charging county is, it might be more cost effective to hire an attorney in the county where you are charged. But any attorney admitted to the Florida Bar can represent you.

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: An officer gave me the choice of getting arrested. Or making a deal with a detective to do a drug deal for my freedom.

I was pulled over with paraphernalia, a small small amount of cocaine, an open container and my firearm. Wich I have a concealed for. The officer said I was facing 3 felonies and a misdemeanor. He gave me the option of letting me go free if I made a deal with a detective. The detective and I talked... Read more »

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Aug 8, 2022

Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Criminal Law for Florida on
Q: I need to fire my attorney in Jackson county florida how do i go about doing it and where can I get the form to file.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2022

Simply tell your attorney that he or she is fired. The attorney will probably then file a motion to withdraw, send you a copy, and schedule a hearing on the motion. Whether you attend or not is up to you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I went to trial for a case and got two hung jury’s during the trial in the process of trial the jury asked for

A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... Read more »

Keith Upson
Keith Upson
answered on Jul 25, 2022

There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.

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