Questions Answered by Sasha Dadan Bonna

Q: Can I be charged civilly for perjury and then be charged criminally for perjury?

1 Answer | Asked in Criminal Law for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
Perjury is a criminal offense punishable by up to 5 years in prison.

Q: If a person does an open plea is adjudicated guilty but was incarcerated at the time of the offense

1 Answer | Asked in Criminal Law for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
Your brother should hire an attorney. If he does not have a means to hire a lawyers, contacting the Public Defender's Office is the best option. Your brother could move to set aside the sentence.

Q: Is sexting legal when you're 18 and you send some who is older in Florida

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
In the state of Florida you are considered an adult at the age of 18. If you are and adult and you are sexting with another adult it is not illegal. If however, you are the adult and you are sexting with a minor that is a felony offense. Additionally, if you engage in sexting as the adult and request that the minor meet you at a location, you could be charged with traveling to meet a minor for sex which is a felony in the second degree and carries sex offender registration.

Q: What are the grounds needed to prove grand theft? And also can a warrant be issued 6months after an alleged grand theft

1 Answer | Asked in Criminal Law for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
The Statute of limitations on a third degree felony is three years. To prove the crime of grand theft the State must prove beyond a reasonable doubt:

1. (Defendant) knowingly and unlawfully [obtained or used] [endeavored to obtain or to use] the (property alleged) of (victim).

2. [He] [She] did so with intent to, either temporarily or permanently,

a. deprive (victim) of [his] [her] right to the property or any benefit from it.

b. appropriate the property of...

Q: what does this mean? "Order Denying Injunction Before Hearing Recorded"

2 Answers | Asked in Domestic Violence for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
If the court denied the injunction before a hearing your case will be automatically expunged pursuant to 119.0714(1)(K), Florida Statute. This is great news! In injunction cases expungement is not automatic unless a temporary injunction is denied and no hearing is set. This is good for you because employers conducting a background check will not be able to gain access to the petition for injunction filed by your ex-wife.

Q: can A restraint order be dropped at a arraignment

2 Answers | Asked in Domestic Violence for Florida on
Answered on Feb 18, 2019
Sasha Dadan Bonna's answer
If the opposing party agrees to have the injunction dismissed it can be done even before a hearing. However, you must not have direct contact with the opposing party if an injunction has been entered against you and they are pro se. However, if the opposing party is represented you may consult with their lawyers and see if you can come to other terms to get the temporary injunction dismissed. You can request for opposing counsel to file a voluntary dismissal.

Q: Stopped by LP in Target for taking $30worth of cleaning supplies. Said not pressing charges and police were not called

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 3, 2018
Sasha Dadan Bonna's answer
You may be facing criminal charges for theft. Contact my law office for a free consultation at sasha@dadanbonnalaw.com.

Q: My ex has the passcode and app to my home alarm. Can he be charged for tampering with it?

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Answered on Nov 2, 2018
Sasha Dadan Bonna's answer
I would suggest changing your alarm code and contacting the company who you are billed through to notify them of the breach. I would also contact the nearest police department.

Q: I need to know if my fiance was arrested illegally

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Answered on Nov 2, 2018
Sasha Dadan Bonna's answer
An officer cannot make an arrest without probable cause. An officer can also make an arrest if there is an active warrant. Contact my office for more information. I can provide you with a free consultation 772-579-2771.

Q: What is the best way to prove that the accused is innocent in a domestic?

1 Answer | Asked in Domestic Violence for Florida on
Answered on Oct 23, 2018
Sasha Dadan Bonna's answer
The State has to prove in a domestic violence battery:

To prove the crime of Battery, the State must prove the following element beyond a reasonable doubt:

Give 1 or 2 as applicable.

1. [(Defendant) intentionally touched or struck (victim) against [his] [her] will.]

2. [(Defendant) intentionally caused bodily harm to (victim).]

I would need more details to explain what defense are possible under your circumstances.

Q: Is the information discussed in a delinquency hearing confidential?

1 Answer | Asked in Juvenile Law for Florida on
Answered on Oct 23, 2018
Sasha Dadan Bonna's answer
Juvenile cases are generally not published to the public. However, delinquency hearings are open to the public.

Q: Is there anything that can be done as far as post conviction for a person who’s been convicted of a sex offense

1 Answer | Asked in Criminal Law for Florida on
Answered on Oct 23, 2018
Sasha Dadan Bonna's answer
Not everyone who commits a sexual offense is listed as a sexual predator. See Fla. Stat. 775.21.

You may want to speak to an attorney about the Romeo and Juliet law, which may qualify for removal from the sex offender registry.

SEXUAL PREDATOR CRITERIA.-

(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predatoru201d under subsection (5), and subject to registration under subsection (6) and...

Q: Can someone use text message as Evidence to against another person in court, Or Investigated Even citizens arrested.

2 Answers | Asked in Criminal Law and Sexual Harassment for Florida on
Answered on Oct 22, 2018
Sasha Dadan Bonna's answer
Yes, but the text messages have to be authenticated and must be relevant. The text messages generally can be authenticated by calling as witness the person who sent it or received the message.

Q: Should a defense lawyer request a Frank's hearing, address Brady, Giglio claims before filing for motion to suppress?

1 Answer | Asked in Criminal Law for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.

Q: Do I have to be hurt in my house in order to file a domestic violence complaint against my husband?

1 Answer | Asked in Domestic Violence for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....

Q: Can a person be found guilty of a verbal threat made durning a competency evaluation,where they were found incompetent?

1 Answer | Asked in Criminal Law for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
A threat alone is not actionable. The legal definition of assault is found in Fla. Stat. 784.011.

To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).

2. At the time, (defendant) appeared to have the ability to carry out the threat.

3. The act of (defendant) created in the mind of (victim) a well-founded...

Q: Can I move out at 17 with parental consent?

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
You would need to file for emancipation.

Q: I have a 2009 Judication Withheld for domestic violence (Threat by Verbal). Can the be expunged of vacated?

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
You cannot expunge a domestic violence offense. For more information here is a list of offense you cannot seal or expunge:

393.135 Sexual misconduct of developmentally disabled

394.4593 Sexual misconduct of the mentally disabled

787.025 Luring or enticing a child

Chapter 794 Sexual Battery (if your charged starts with 794.nnn you are ineligible)

796.03 Procuring person under age of 18 for prostitution

800.04 Lewd or lascivious offenses...

Q: I assume the maximum age of juvenile law is 18 but is there a minimum under which a child can't be prosecuted?

1 Answer | Asked in Juvenile Law for Florida on
Answered on Oct 15, 2018
Sasha Dadan Bonna's answer
Competency plays a major role in whether the State Attorney's Office decides to prosecute a juvenile offender. I represent children who have been accused of crimes in my practice. If I think the child is to young, has a low IQ, an IEP plan, or has difficulty understanding the role of the judge, defense attorney and/or prosecutor, I will have them evaluated for competency.

Q: I have a suspended license from the state of pa and I just moved to palm beach county and got pulled over.

1 Answer | Asked in Traffic Tickets for Florida on
Answered on Oct 15, 2018
Sasha Dadan Bonna's answer
You should obtain a lawyer for your case immediately. You were likely charged with driving with a suspended license in Florida. PA is part of "The Driver License Compact" which means Florida would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense.

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