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Questions Answered by Henry George Ferro
4 Answers | Asked in Criminal Law for Florida on
Q: MY GRANDSON IS CHARGED WITH CRUELTY TOWARD A CHILD - ABUSE CHILD WITHOUT GREAT BODILY HARM
Henry George Ferro
Henry George Ferro answered on Feb 27, 2020

Get a lawyer as soon as possible...

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1 Answer | Asked in Criminal Law for Florida on
Q: What is the crime when a ex husband severely damages property to cause bodily harm to his ex wife?

My sister resides in FL, where this occurred. Her ex husband came to the property to remove his belongings before he was served a restraining order. She told his mother about the RO, who then told her son. It has been discovered that he severely damaged the water heater in her garage causing gas to... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 27, 2020

This is not a Florida Case, but you should contact the Sheriffs Office in your jurisdiction and report this crime...I will leave it to law enforcement to determine what crimes may have been committed.

Get a lawyer for your hearing.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: First time offender F2 aggravated battery pregnant. Do i go to prison or get probation?

My step sister and i dont like each other but i never put my hands on her during this case.

She had her witnesses lie about the ordeal too.

She saught medical attention for it to build her case i believe but, her child did not arrive early and her child doesnt have any life... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 27, 2020

Hire a criminal defense lawyer...especially one with serious trial experience.

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Florida on
Q: If you’re in a single vehicle car accident & you hurt yourself bad do the cops automatically test for alcohol?

My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.

Henry George Ferro
Henry George Ferro answered on Feb 25, 2020

Based on the circumstances you described, it is likely that law enforcement will have blood to test and are likely to do so...You brother should retain a competent criminal trial lawyer a.s.a.p.

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3 Answers | Asked in Criminal Law for Florida on
Q: Will I get in trouble if what I said on the 911 call is different than what I said in my police report

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?

Henry George Ferro
Henry George Ferro answered on Feb 25, 2020

Depending on the content of what you said, there exists the possibility of prosecution...contact a local lawyer a.s.a.p.

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3 Answers | Asked in Criminal Law for Florida on
Q: On probation testifying against someone, will their defense try to make me incriminate myself? Do I need a lawyer?

In a intervention program for probation. On probation and testifying against someone involved in same incident

Henry George Ferro
Henry George Ferro answered on Feb 26, 2020

Of course you need a lawyer...the rights normally guaranteed in an initial proceeding is not available in a probation hearing...get a lawyer!!!!

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1 Answer | Asked in Criminal Law for Florida on
Q: The felony prosecutor “hates” me. My attorney has told me that in different words.

I have never spoken with the prosecutor. I pressed my attorney to find out why he hates me. Attorney says “we have history”. He did try to burn me 15 years ago but he finally had to offer me adjudication without guilt.

Why would he hold a grudge over that? My only guess is that he was... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 24, 2020

Unfortunately, being hated by the prosecutor is not the relevant issue...You need to hire a competent attorney who can defend you. You are not giving me a whole lot of facts about the underlying case, to give you any thoughts about the charges...

4 Answers | Asked in Criminal Law for Florida on
Q: A Violation Of Probation happens due to a shoplifting charge but then is found non guilty what happens to the VOP?
Henry George Ferro
Henry George Ferro answered on Feb 24, 2020

Unless there are other allegations of violation of the probation, the VOP is dismissed and you move forward to complete the probation...

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2 Answers | Asked in Education Law and Criminal Law for Florida on
Q: I am applying for a public school teacher position. I have been a director at a preschool for almost 11 years. I have an

Arrest on my record from 1996, possession of marijuana and shoplifting. Although I went through a pti program, it still shows on a local criminal check. It's not a disqualifying offense for the job, they ask you if you ever been arrested on the application and to explain what happened. If you lie,... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 24, 2020

I would agree Mr. O'Sullivan regarding his analysis...If you are being accurate about your background, I don't believe that a local school board wouldn't consider hiring you...it appears to be almost 25 years old and you are telling me that there are no other issues.

I am the attorney of a...
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3 Answers | Asked in Criminal Law for Florida on
Q: what do I do?

arrested for a petty theft of chicken from Publix but they are making this a felony case because this is the third time ,Last time he had a petty theft charge was over ten years ago,

it was a mistake I called ahead and they had it waiting and I called him telling him it was ready for pickup... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 22, 2020

Hire lawyer, approach the state...get ready for trial. If you are found guilty you will likely face jail time...

The counter to your argument is that he should have gone to check out and not presumed.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I live in Florida and went on vacation with my wife and two daughters to Georgia to visit my mother.

On our way back to Florida on 75 I was pulled over in sycamore county for tinted windows and given a ticket. The car was bought new at Toyota and came with tint from the dealer and is in compliance with Florida law but I guess not Georgia law. My tint is 30 on the front 2 and 15 on the back 3. Is... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 21, 2020

I am not authorized to practice law in Georgia. However, the statute in Georgia is, as follows:

Georgia's O.C.G.A. § 40-8-73.1 regulates vehicle window tinting. Under this statute, you cannot legally tint the front windshield at all, and you cannot reduce light transmission through the...
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1 Answer | Asked in Criminal Law for Florida on
Q: I missed my probation appointment last Monday, 8 days ago.

Your Question:edit text

I missed my probation appointment last Monday, its 8 days ago. My PO came by twice yesterday. He said if I didnt call him immediately I would be violated, he came by the 2nd time. Said it was my last chance. I called this nothing and he said if I did not come in by... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 18, 2020

I would suggest that you comply with the directives of your probation officer. You might also wish to obtain the services of an attorney to deal with the fallout of your alleged failures to comply with the probation officer.

Be careful, you are skating on some thin ice.

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a teacher legally prevent a student from getting to they're next class after the bell has rung?
Henry George Ferro
Henry George Ferro answered on Feb 18, 2020

There is no legal hurdle to having a teacher speak to a student.

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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Is it legal to record a teacher discretely or indiscreetly without they're consent in a public school?
Henry George Ferro
Henry George Ferro answered on Feb 18, 2020

Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent. ... However, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense... Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: If a sitting judge presided over a case that was completely corrupt and was charged with corruption a few years later

Is it possible to sue the district attorneys office?

The case I refer to is the state vs Francisco Munoz, 1972. I have lived with this injustice for over 50 years. Thanks for your time and effort.

Henry George Ferro
Henry George Ferro answered on Feb 14, 2020

Yes it is possible to sue a district attorney's office. However, there are several immunities issues that you will have to overcome. You will also have to deal with statute of limitations issues.

I know nothing about the case other than it is nearly 50 years old. That alone presents some...
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2 Answers | Asked in Criminal Law for Florida on
Q: I got sentenced to 3 in 3 out and I came back on a violation do I get my game time for the first three years
Henry George Ferro
Henry George Ferro answered on Feb 11, 2020

YES, YOU ARE ENTITLED TO ALL CREDIT FOR TIME SERVED ON A SENTENCE.

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4 Answers | Asked in Criminal Law for Florida on
Q: in Fl if i gave info to a private detective before signing a confidential agreement can they do anything with it?

I gave too much info to the *private* detective and am worried that he will report some friends to the police because i mentioned potentially illegal activities they performed. I did not sign a confidentiality agreement and he wrote it all down on a notepad he was reluctant to get rid of the... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 7, 2020

Is it possible that he takes the information you provided to police...Yes. There is not in your question any information that would give him a motivation to do so.

You made a horrible mistake...private investigator does not have any privilege that protects statements made by you....
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1 Answer | Asked in Criminal Law for Florida on
Q: A 2nd degree felony drug charge, the statue of limitations is up how many days after 1st apperence?
Henry George Ferro
Henry George Ferro answered on Feb 3, 2020

Statute of limitations is applicable to criminal prosecutions and must be commenced within three years of the time when the crime was committed. Please note that there are some circumstances under which a criminal statute of limitation in Florida can be tolled, or suspended, so it is always... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Will she got to jail?

My friend has a criminal mischief charge and was ordered to pay 500 dollar restitution was not able to pay on time so the judge put her on 6 month probation her 6 months are up she paid off of the restitution but did not complete 25 community service hours as ordered was only able to complete 20... Read more »

Henry George Ferro
Henry George Ferro answered on Feb 3, 2020

Depending on the reason for failing to adhere to the conditions, she may go to jail...

3 Answers | Asked in Criminal Law for Florida on
Q: I currently live in Chicago, but have a felony warrant from 2006 in Polk County Fl. Need most efficient way to address..

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 »

Henry George Ferro
Henry George Ferro answered on Jan 30, 2020

you need to hire a lawyer in Lakeland (central Florida area) to represent yourself. You have some issues that need to be looked at.

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