It's a fairly complex answer for chain of custody, but start with Section 90.901 Florida Statute (Evidence Code). A good case to review is State v. Hampton, 44 so. 3d 661. You can find it on Google Scholar for free (just google the state v. Hampton, 44 so. 3d 661) if this link doesn't show up in...Read more »
Today. She sent me a card with a money order for $40 that she owes me. I called her and told her that I want no more contact and I told her that I’m sending the $40 back. She emailed me that now she wants no more contact from me. Can I still mail her back the $40 with no letter or anything else... Read more »
In Florida, “harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. I don't the act of sending the money back to her would rise to the level of causing substantial emotional...Read more »
I have good reason to suspect that something "shady" is going on with my attorney. If I bring my "non-essential third-party" fiance' to a meeting with my attorney, thus waiving attorney-client privelege, can that conversation be secretly recorded without violating the "two-party consent rule" in... Read more »
Florida is a "two-party-consent" state, and it is a felony to record an oral conversation with someone during an in-person communication if they have a reasonable expectation of privacy. Meaning, if you recorded the lawyer in his/her office or somewhere they think is private, without permission,...Read more »
You absolutely need a criminal defense lawyer. If you got a pawn loan you can be charged with a multitude of charges (including defrauding a pawn broker - 3d Felony, Dealing in Stolen Property). I would call a criminal defense attorney immediately to start working on your defense. I would also...Read more »
I was a witness to an assault. On the phone with 911, some details I gave were incorrect. But In my actual police report, I 100% told the truth. Can I get in trouble for what I said on the phone not matching the report I filled out?
It depends a lot on what was said versus what was reported. If you lied on either, then you could possibly be charged with making a false report or misuse of 911. The facts of the case will determine what, if anything additional happens.
I would contact a criminal defense attorney in your...Read more »
I would absolutely recommend that you have a lawyer. And, being on probation means that you do not have some of the constitutional rights you normally would have if you were accused of a crime. In fact, lying can be a basis for violating probation or getting your intervention revoked....Read more »
I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I... Read more »
If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest you, yet. The...Read more »
Yes, just getting arrested for a new charge can be the basis of a new violation (including failure to report that arrest to probation). But that doesn’t mean that you will be found guilty of the new violation for the new arrest. More times than not, the State will file the new violation against...Read more »
There were co defendants in this case that settled with Nolle Pros. I am willing to do the same and realize that I more than likely have to turn myself in, but cannot afford to travel back and forth several times. How might I proceed most effectively? Also wondering if I will need a bail bondsman... Read more »
The most efficient way to handle this matter is to hire a criminal defense lawyer that can work with the prosecution on your behalf in an attempt to resolve the issue short of a turn in. But that depends on a lot of factors. Just because the co-defendants case ended with a Nolle Pros (which means...Read more »
No cars where infront of me but he gave me the ticket cause my lisence is suspended. So i got 2 tickets. The following to closely dont have description. Can i win the case in court and everything can drop?
You may have a potential suppression issue, but more facts are needed. If it is clear the the underlying traffic stop was improper (there were no cars near you so it would be impossible for following too closely), then you might be able to beat the stop all together.
I was released on supervise release and part of my terms and conditions is to call a number and if my color is called i need to go in a give them a Urine sample. If i havnt actually been sentence for the crime yet can they really tell me i need to do a UA?
Unfortunately, yes. You can be required to provide a UA if it is part of your pre-trial release. Generally, it is mandatory if the court ordered it. Sometimes a motion can be filed to change the terms and conditions of the pre-trial release, but you would need a good reason to drop the potential...Read more »
If he was arrested under 1 case # and then added more charges to a different case # but they never filed charges for the 2nd case so after 14 months later hes released on bail for the 1st case#. When they find out they filed charges and attached them to the 1st case #. Is that allowed?
There may be an issue with the case. Unfortunately, the information that you have provided does not give all the details that are needed in order to answer the question. There could possibly be speedy trial issues, or charging issues. But there's really not enough information to answer the...Read more »
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