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Questions Answered by Roger P. Foley
3 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Q: can I go to jail for sexual harassment in Florida
Roger P. Foley
Roger P. Foley answered on Mar 29, 2019

Probably not but it makes you a donkey. Don't do it. You will lose your job, be shamed on social media and possibly be sued. Think about ramification before acting/speaking.

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1 Answer | Asked in Criminal Law for Florida on
Q: I wanted to know my son was charged with 3counts of aggravated battery with a firearm once he sat in county jail for 3yr

Never went inside the court room until he took the plea offered was 15yrs 10 mandatory 5probation. After the credit time it left him with 12yrs. Now i need to know can his charges be changed to att 2nd degree murder when it was never mentioned for 3yrs. Also with that time what will be his release... Read more »

Roger P. Foley
Roger P. Foley answered on Mar 27, 2019

Something happened during the course of three years. Somebody went to court. His presence may have been waived. It is a serious charge. He should have received a copy of his discovery, discussed issues with his attorney about the case, been shown a score sheet and asked whether he accepted the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Do you have to stay in your home on community control

My question is can I be forced to do a house arrest without a house arrest sentence

Roger P. Foley
Roger P. Foley answered on Mar 27, 2019

If a condition of your probation or bond is house arrest then you cannot leave your house, not even the back yard, unless given permession to do so. If you work then an itinerary will be requested prior. Best of luck

2 Answers | Asked in Criminal Law for Florida on
Q: Burglary, possession of burgl tools with intent, and petty theft?

I found a key to the life guard tower in the sand and then used it to open the tower to sleep in. Nothing was damaged or taken. At 6am an officer openned it and said "your under arrest" for burglary and possession of burgarly tools (my self defense pocket knife) with intent to use. Also... Read more »

Roger P. Foley
Roger P. Foley answered on Mar 27, 2019

Just because a police officer arrests you does not mean that the state attorney will charge you with the same charge. Technically, you entered a structure but was your intent. If you intent was to commit a crime therein then it is burglary. More tahn likely this willbe changed to a trespass,... Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: Florida probable cause search question

When an officer in Florida searches a vehicle under his belief that he has probable cause due to the odor of marijuana ( real or fabricated to gain “legal accesses” to the vehicle) and then does not find any marijuana, ashes, butts or Paraffinalia, but does find other illegal drugs or... Read more »

Roger P. Foley
Roger P. Foley answered on Mar 27, 2019

Yes. If he finds a body in your truck then you will be charged. If he finds any illegal items than it is evidence that will be used against the person in control of the vehicle.

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2 Answers | Asked in Criminal Law for Florida on
Q: If I have a misdemeanor warrant in Polk county can I fly safely domestically
Roger P. Foley
Roger P. Foley answered on Mar 29, 2019

Respectfully, disagree with my colleague. If you have a warrant you dont want to fly. Not likely that you will be extradited for a misdemeanor but the smart move is to resolve the warrant and then fly. Are you flying out of polk county? somewhere close? in and out of Florida. You will be... Read more »

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