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Questions Answered by Elizabeth Bourdon
1 Answer | Asked in Criminal Law for Florida on
Q: Hey im here to ask what should i do in getting accused of rape its false i never would do anything like that help please

Shes 14 im 20 shes my cousin i cant believe it but she saying it happened 7 months ago at a family reunion while we were in the room how can i do such in act with so many people at the residence what should.i.do help please

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

Hire an attorney immediately.

1 Answer | Asked in Criminal Law for Florida on
Q: If I have a warrant out and I want to turn myself in would that violate my current probation

The warrant was put out before I was put on probation.

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

If the crime was allegedly committed before you went on probation, it will not violate your current probation. However, you should be aware that many times it takes a little bit of time to make it clear to everyone that you weren't yet on probation when the crime allegedly occurred.

1 Answer | Asked in Criminal Law for Florida on
Q: When will I be contacted if someone is pressing charges against me?

I have recently been getting phone calls from my peers about an individual pressing charges against me. He has been talking to everyone in town and fabricating stories about me. I still have yet to be contacted by the state, or anyone else for that matter. Some of these individuals have been told... Read more »

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

The State decides whether to file a criminal charge. You might not be contacted until you are served with an arrest warrant or a notice to appear in court. There's really not enough information for me to be able to answer your question. There are statute of limitations for crimes that come... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Criminal or non criminal offense?

My boyfriend was arrested for driving an unregistered motor vehicle, the truck belongs to a guy he works for. I'm slightly confused as to if it is a non criminal traffic infraction because the vehicle has not been unregistered for more than 6 months or if that only applies if the registration... Read more »

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

The easiest way to know is by the case number. If the case number has a TR after the year, it's a civil traffic infraction. If it has CT, it's a criminal traffic violation.

1 Answer | Asked in Criminal Law for Florida on
Q: I got a DUI over.15 last year on March 1st.. I Did 80 days in jail and 1year probation.. Second DUI, first in 2001..

All classes complete, cost of supervision paid, I have been paying on my fines monthly..

However they will not be paid in full by the end of my probation..

Can I be sent back to jail or will they work with me to establish a payment arrangement?

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

Go to the attorney who handled your case and ask them to review your paperwork to see if you risk being violated. If you do, ask them to file a motion to modify your probation. In the meantime, you really need to do everything possible to pay all of that off. I would ask every relative and... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: how to write the letter to the judge, that I can't be in the court at that day?

I am from Ukraine and was arrested in Florida.

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

If you are represented by an attorney, you'll need to have the attorney address this issue. If you cannot afford an attorney, try contacting the Public Defender's Office in the County where you were arrested and see if they can provide you with an affidavit of indigency to have you... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal for parents to allow a 15 yr old boy and his 18 yr old girlfriend live together in their house?
Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

There is no law against an 18 year old girlfriend merely living in the same home as her 15 year old boyfriend. He needs to be 16 before they can have sex without there being a legal problem for her.

1 Answer | Asked in Criminal Law for Florida on
Q: I am charged with first degree petit theft , this is my first offense with a clean background ... What will happen to me

I am a 19 year old female . I live in Port Charlotte County and I'm in school and trying to find a job . Will I get probation ? Will they drop/dismiss my case ? Is my probation transferable ?

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

I can't tell you for sure whether your case will be dropped or not, because I don't have access to any of the allegations (and you were right not to post anything further online). If you have no criminal history, it is very likely that you will be offered pretrial diversion. With... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If your case is dismissed while on probation can you still be found guilty of VOP

My son was arrested for burglary while he is on probation for another charge. There is not enough evidence to convict him of the burglary but he is having to go to court on Violation of Probation charges first.

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

Unfortunately, he could still be found to be in violation of probation even if the burglary charge has been dropped. This is because there are two different standards of proof; to prove someone violated probation with a new criminal offense, a judge only has to find that it is more likely than not... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Okay so my friend is 15 she'll be 16 in a few months her boyfriend is 18 is it legal for them to date with no sex

At the school they both go to the ast. Principal for the program she's in has told her mother to get a restraining order on him and that she could report him as a sex offender. She also sent out a email telling the girls teachers that they're not aloud to be together because... Read more »

Elizabeth Bourdon
Elizabeth Bourdon answered on Feb 15, 2016

If she is 15 and he is 18, they can date. They cannot have sex until she turns 16.

1 Answer | Asked in Criminal Law for Florida on
Q: Legally can a 17 year old have sex with a 26 year old in the state of Georgia ?

Legally can a 17 year old have sex with a 26 year old in the state of Georgia ? Can the 17 year old spend over 4 days at the boyfriends house ( the 26 year old ) legally? The 17 year old is basically but not offiaclly emanicpated. Example; in the process of enlisting in the army and as well as out... Read more »

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 24, 2016

You should post your question for Georgia Law instead of Florida. In Florida, the answer would be no, unless the 17 year old is officially emancipated.

1 Answer | Asked in Criminal Law for Florida on
Q: Will I be held liable for my teams actions?

I coach on a travel baseball team and my kids do have cell phones and other mobile devices. If they look up adult content without me knowing can I be help liable or should I make up a waiver?

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 22, 2016

I don't see how you could be held liable for what a child searches/views on his/her mobile device, regardless of whether you knew what the child was doing. Parents can set up controls on mobile devices, and they should be encouraged to do so if this is an actual concern. I would look into... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How can my 93-year-old friend get information about her incarcerated son - he is gravely ill and probably dying....

He is in a prison-related medical facility in FL - I have tried to help her, but they refuse to give her information. It is making her ill. She has very low income and cannot afford a lawyer.

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 22, 2016

The inmate has the same right of confidentiality to his medical records while in prison that he would if he were in a hospital. For your friend to get information, she would need him to have filled out a medical release form.

Here is an email she can write to to see what general...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: hello I'm 17 and my boyfriend is 20 years old I want to go to live with him .. I'm still studying I will not stop study

The question is if something would happen to my boyfriend ?

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 14, 2016

It's possible that he could be charged with a crime, such as contributing to the delinquency of a minor or interfering with your parents' custody over you. Wait until you complete the school year and you turn 18.

1 Answer | Asked in Criminal Law for Florida on
Q: I am currently on parole in Florida. I'm in a extremely abusive relationship. I went to another state with close family

Im pregnant and he doesnt know. My husband took out a life insurance on me. I'm scared. How do i get ahold of my parole officer? How much trouble will i be in? I went to another state to be with my family. It was a holiday weekend. All shelters full.

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 14, 2016

While on probation, you are not allowed to leave the jurisdiction without permission from your probation officer, and you also cannot change your approved residence without your probation officer's approval. Your question was asked two weeks ago, and I'm unsure whether you have returned... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: Hi I was charged with a first time misdeamoner charge for selling alcohol to a minor.

-Was accepted in the Florida misdeamoner intervention program.

Now I got a really good job and my employer is going to undergo a background check and I want to know if it is likely she will see that misdeamoner charge

Elizabeth Bourdon
Elizabeth Bourdon answered on Jan 14, 2016

Yes, your employer will be able to see both the arrest and that there is an open criminal charge.

2 Answers | Asked in Criminal Law for Florida on
Q: Is this self defense or did I assault him?

An individual layed their hands(he didn't grab) on me to prevent me from moving he was braced and trying to block me. So I pushed him. Would this be self defense or assault to that individual? THANKS!

Elizabeth Bourdon
Elizabeth Bourdon answered on Oct 22, 2015

A push can be a battery (not an assault) depending on the circumstances. From what you have stated here, it sounds like the individual committed a battery against you first, and as Mr. De Groot stated, you then removed yourself from the situation.

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2 Answers | Asked in Criminal Law for Florida on
Q: I trespassed at UF football game. I've had 2 previous arrests: 1 expunged and 1 dismissed. Am I facing jail time?

Hey there. I was arrested last Saturday for trespassing at a football game. The report (summed up) stated how I was intoxicated and the police officer told me I could not enter. One hour later I came back and tried again receiving the same result. One hour after that I was arrested for trying to... Read more »

Elizabeth Bourdon
Elizabeth Bourdon answered on Oct 20, 2015

The State Attorney makes decisions about what to offer you based upon your current charge and your history, not based upon whether you hired an attorney or are represented by the Public Defender. There are good and bad attorneys in the private sector as well as at the Public Defender's... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Is it illegal for a 20 year old to have sex with a 16 year old in flordia?
Elizabeth Bourdon
Elizabeth Bourdon answered on Oct 20, 2015

A person under the age of 24 can have consensual sex with a person who is 16 or older.

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2 Answers | Asked in Criminal Law for Florida on
Q: I removed a screen on a hotel window to knock on it to let a friend know I was back. I did not break the closed glass

window nor enter the room nor stole anything it was a mistake knocking on the wrong window. is that burglary?

Elizabeth Bourdon
Elizabeth Bourdon answered on Oct 20, 2015

In order to be a burglary, you would have to enter the room without permission with the intent to commit a crime therein, and you have to have intended to commit the crime (any crime) at the time of entry. From your statement, it was merely a mistake.

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