Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Rod Caruco
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
View More

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Is a conflict attorney better than a state attorney?
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

If I understand your question correctly, I think you are asking if a regional conflict counsel is better than a public defender.

Generally, and attorney, office, or firm can have a conflict of interest representing multiple individuals in the same case. In criminal law, that means...
View More

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More

View More Answers

2 Answers | Asked in Criminal Law and Employment Law for Florida on
Q: Is a third party constented search of my backpack within someone else's car at work by an employer legal in florida?
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: Legal advice for drug trafficking charge in Fl?

My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More

Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More

2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
View More

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: what will be my probable outcome of a first offense DUI with a .3 BAC and a car accident?
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The answer varies, but depending on the specific facts, the consequences could be quite serious. This includes potential jail time, fines, costs, and more. There may also be a negative impact on your driving privileges. There are ancillary costs too, such as increased insurance rates, higher... View More

2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of...
View More

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Can a friend or family member file for a Arthur bond hearing on behalf of someone incarcerated if PD won't? If so how
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2024

Generally, a person can file pro se (on their own), or through their attorney. Another person would have no standing because he or she is not a party or legal representative of a party. Instead, the decision would be whether to remain with the PD, or hire private counsel.

1 Answer | Asked in Criminal Law for Florida on
Q: How long legally can an investigation be extended from case to case for a "conspiracy to commit human trafficking"
Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2024

That depends on several factors, but generally the investigation will take as long as the prosecution wants to build its case. That’s why it’s important to engage a lawyer early. That lawyer can reach out to the prosecution on your behalf to get you answers and to work to resolve the case... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Has any attorney ever claimed Fraud on the Court against a Prosecutor and won?

A judge is Palm Beach County is trying to stop me as a pro se from proving the Prosecutor committed Fraud on the Court. Looking for someone to review my Fraud on the Court filing and the supporting evidence. I will pay you for your time even if you do not take the case.

Rod Caruco
PREMIUM
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

I don’t believe I can adequately answer your question at this point. I think I understand where you want to get to, but I would need more information to determine what the issue is and whether I could be of help. I am happy to schedule a call to learn more and see if I could be of any subsequent... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.