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Questions Answered by Sasha Dadan Bonna

1 Answer | Asked in Criminal Law for Florida on

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

Sasha Dadan Bonna answered on Feb 18, 2019

Perjury is a criminal offense punishable by up to 5 years in prison.

1 Answer | Asked in Criminal Law for Florida on

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

My brother-in-law didn't open plea it was adjudicated guilty but he was in fact incarcerated on the offense date and I believe that he was unaware of this

Sasha Dadan Bonna answered on Feb 18, 2019

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.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on

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

I really would like a full answer because am curious

Sasha Dadan Bonna answered on Feb 18, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Florida on

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

Can a warrant be issued on word of complaint alone 6 months after alleged incident

Sasha Dadan Bonna answered on Feb 18, 2019

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....
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2 Answers | Asked in Domestic Violence for Florida on

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

ex wife tried to file a restraining order without any evidence of wrongdoing

Sasha Dadan Bonna answered on Feb 18, 2019

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... Read more »

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2 Answers | Asked in Domestic Violence for Florida on

Q: can A restraint order be dropped at a arraignment

Sasha Dadan Bonna answered on Feb 18, 2019

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... Read more »

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1 Answer | Asked in Criminal Law for Florida on

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

Eill

I get a summons to go to court as they let me go

Sasha Dadan Bonna answered on Dec 3, 2018

You may be facing criminal charges for theft. Contact my law office for a free consultation at sasha@dadanbonnalaw.com.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on

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

I broke up with my boyfriend recently. He had my home alarm system accessible from an app on his phone. He has my old code and recently changed my passcode to something of his liking. He tampered with it to where he armed my alarm and police showed up obviously because I didn’t have my code! Is... Read more »

Sasha Dadan Bonna answered on Nov 2, 2018

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.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on

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

My fiance was fixing his grandfather's truck that was just bought and asked couple officer across street for help and there was an officer in his car who had a grudge against my fiance from 3 years back and arrested him saying he knew my fiance had multiple warrants but we checked with 4 officers... Read more »

Sasha Dadan Bonna answered on Nov 2, 2018

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.

1 Answer | Asked in Domestic Violence for Florida on

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

Sasha Dadan Bonna answered on Oct 23, 2018

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.]...
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1 Answer | Asked in Juvenile Law for Florida on

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

Sasha Dadan Bonna answered on Oct 23, 2018

Juvenile cases are generally not published to the public. However, delinquency hearings are open to the public.

1 Answer | Asked in Criminal Law for Florida on

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

I’m trying to gather information on if anything can be done for someone who has been convicted of a sex offense and has served more then half of the sentence. He was listed as a sex offender but due to the change in law any sexual crime after sep 1 2004 your considered a predator. Which he is not... Read more »

Sasha Dadan Bonna answered on Oct 23, 2018

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...
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2 Answers | Asked in Criminal Law and Sexual Harassment for Florida on

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

Sasha Dadan Bonna answered on Oct 22, 2018

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.

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1 Answer | Asked in Criminal Law for Florida on

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

Sasha Dadan Bonna answered on Oct 18, 2018

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.

1 Answer | Asked in Domestic Violence for Florida on

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

Sasha Dadan Bonna answered on Oct 18, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Florida on

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

Sasha Dadan Bonna answered on Oct 18, 2018

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...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on

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

I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... Read more »

Sasha Dadan Bonna answered on Oct 18, 2018

You would need to file for emancipation.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on

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

Sasha Dadan Bonna answered on Oct 18, 2018

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...
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1 Answer | Asked in Juvenile Law for Florida on

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

Sasha Dadan Bonna answered on Oct 15, 2018

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,... Read more »

1 Answer | Asked in Traffic Tickets for Florida on

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

I got pulled over and officer gave me a criminal traffic violation citation and need to appear in court in october.

State of PA could not issue me a restricted license bc I no longer reside there.

Sasha Dadan Bonna answered on Oct 15, 2018

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... Read more »

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