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Questions Answered by Craig A. Epifanio
1 Answer | Asked in Criminal Law for Florida on
Q: What falls under the speedy trial amendment?

A person goes to prison in Nov 2007, gets out in Oct 09. Moves to Wa starts his life over. He's rehabilitated. Then a state brings charges up from 2007 against him, and the detective knew of these pending charges and could have brought these up in the time before and while this person was in... Read more »

Craig A. Epifanio
Craig A. Epifanio answered on Mar 10, 2011

Speedy trial applies AFTER the arrest. However, there might be a statute of limitations issue. I would need more information but I suggest the person hire an attorney to file the appropriate motions.

2 Answers | Asked in Criminal Law for Florida on
Q: Is it legal or illegal for a landlord to authorize and assist police with a key to enter a tenant's home w/o a warrant?

Please note that the tenant was wanded for burglery.

Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

It is illegal.

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1 Answer | Asked in Criminal Law for Florida on
Q: If a person was wrongfully acused of a crime, more than 5yrs,Can a case be reopenned and corrected?

My fiance' was acused of armed robbery, by another person that payed someone else to say he was guilty. When in fact, my fiancee' had been working out of town and had just returned only within 2 to 4 hours of the situation. my fiance' not knowing what was going on was taken to jail and then... Read more »

Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

Your fiance probably waived all rights to have this "corrected" if he didn't appeal. He had the right to go to trial and by pleading guilty or no contest he usually waives that right to appeal. If he did go to trial, then he should have taken advantage of his appellate right. If it was denied,... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How long is statue of limitations for a 322.33 charge in florida , happened 18 years ago and warrant is still active,why
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

The statute of limitations only applies to the state in filing the charge. If you were arrested, then the statute of limitations is irrelevant. On the other hand, if you were not arrested, it does not run while you are out of state, up to a certain point. Since the charge is related to a... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How can I clear a 322.33 charge happened 18 years ago in florida, warrant is a florida pickup only and live elsewhere

The warrant , i beleive it was a perjury charge , i was issued a florida drivers license with my new jersey license suspended for a traffic violation that was not paid in jersey which was paid after and am cleared in jersey , it was a ticket that I just don't remember however I don't want a stain... Read more »

Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

This is a felony so you are going to need to turn yourself in at some point. While it may be possible to hire an attorney to fight this here while you are there, most judges require you to turn yourself in. I suggest you contact an attorney near the location where the charge happened.

1 Answer | Asked in Criminal Law for Florida on
Q: Penalty for 790.221
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

It's a second degree felony punishable by up to 15 years prison.

1 Answer | Asked in Criminal Law for Florida on
Q: How much time can a felon caught with gun get
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

It depends on the facts, the prior record, the judge, the prosecutor, the defense attorney, etc. In other words, I can't properly answer without knowing all that information. It could be anywhere from just probation to life imprisonment depending on all the factors. It's best to contact an... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How do I find out who the arresting agency was for an arrest in Miami-Dade County?
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

If it is not apparent from the paperwork, you could always call the clerk and ask them as they should have a record of the arresting agency.

2 Answers | Asked in Criminal Law for Florida on
Q: Will my fiance win his appeal. he was driving a car that does not belong to him and the officer found drugs
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

It is impossible to answer your question. There are way too many variables. Furthermore, even if it should be a clear winner, an appeal may not mean the person wins, because an appeal is an appeal of the law as applied to the facts. Judges may interpret things differently so even if I knew all... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal for a landlord to authorize and assist police with a key to enter a person's apartment to make a felony

Assist without a warrant and no exigent circumstances to enter

Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

No it is not legal. There may be exceptions under certain circumstances, but you should talk to an attorney in person to see what the best way to handle this is.

1 Answer | Asked in Criminal Law for Florida on
Q: If a search warrant causes a non warrant arresst but the initial charges for the warrant get dropped should the others 2
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

Not necessarily but I would need a lot more facts to properly answer your question. You should consider calling an attorney and discuss this in person.

1 Answer | Asked in Criminal Law for Florida on
Q: IF THE POLICE ACTED ON A TIP AND ONLY A TIP CAN I ASK FOR A SUPPRESSING HEARING BASED ON( J.L. 529 US 266)
Craig A. Epifanio
Craig A. Epifanio answered on Mar 9, 2011

Yes, but hopefully you mean that your attorney will be filing the motion. It isn't just a matter of citing a case but the legal argument that goes with it. If you haven't by now, I strongly suggest you get an attorney to assist you with this.

1 Answer | Asked in Criminal Law for Florida on
Q: Does a lawyer have to show the defendant evidence of there case
Craig A. Epifanio
Craig A. Epifanio answered on Mar 4, 2011

In the criminal context, the prosecutor has to show the evidence, otherwise known as discovery, only if the attorney requests it. Most of the time the attorney will request it. Hope that helps.

1 Answer | Asked in Criminal Law for Florida on
Q: Can you be a habitual offender of possession of cocaine?
Craig A. Epifanio
Craig A. Epifanio answered on Mar 3, 2011

Under state law, it is unlikely. Under federal law, however, a third drug offense would qualify you as a "career criminal". This has the effect of doubling your sentence and increasing the mandatory minimums. Every case is different so if you are facing charges, I suggest you contact an attorney.

1 Answer | Asked in Criminal Law for Florida on
Q: Persuant to 924 armed career offender does the government have to list the correct cases in there notice
Craig A. Epifanio
Craig A. Epifanio answered on Mar 2, 2011

Yes they do. You should talk to your attorney about challenging the indictment.

1 Answer | Asked in Criminal Law for Florida on
Q: Hi, my friend was arrested and the warrant was not signed,. is this a legal warrant or not? thank you
Craig A. Epifanio
Craig A. Epifanio answered on Mar 2, 2011

Certainly you can hire a lawyer to challenge the warrant. That said, there is a "good faith" exception whereby an officer could arrest on that warrant believing the warrant was valid in good faith. Officers often use this loophole but I suggest you talk to an attorney.

1 Answer | Asked in Criminal Law for Florida on
Q: Is there a Use of deadly force case which was in favor of the defendant accused that didn't involve a police officer?
Craig A. Epifanio
Craig A. Epifanio answered on Mar 2, 2011

You have the right to use deadly force on anybody that puts you in imminent fear of bodily harm or death. Florida has a stand your ground defense that allows you to use deadly force, even if you are not in your home. Obviously, it should be a last resort but it certainly is a legitimate defense.

1 Answer | Asked in Criminal Law for Florida on
Q: Can police enter a person's apartment without a warrant
Craig A. Epifanio
Craig A. Epifanio answered on Mar 2, 2011

Only under limited circumstances. The most common is if you give consent to enter. Also, if there are exigent circumstances, the police could enter. Otherwise, they definitely need a warrant.

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