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Questions Answered by Henry George Ferro
2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

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2 Answers | Asked in Criminal Law and Probate for Florida on
Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within the state of Florida?

The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?

Henry George Ferro
Henry George Ferro answered on Jul 26, 2021

The first step is to retain and/or obtain an attorney...typically 72 hours to 10 days; but a person can be held up to 33 days and the state must file charges, however there are no strict periods...HIRE A LAWYER AND THINGS WILL START TO HAPPEN...

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1 Answer | Asked in Criminal Law for Florida on
Q: is it legal for a police officer on the phone to pretend that he is a woman who is in sever pain and ask my son to bring

a pain pill; and then arrest him for for dealing drugs! is this legal? then they searched his apartment. they found more pills lying around. they wanted my son to tell them where he got them. if I tell you he will have me killed. they are going to give him five years in jail. is this legal?... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 20, 2021

38 years of practicing law and having served as a circuit judge in Miami tells me that there is more to this fact pattern than you are sharing...You need to have a long conversation with your lawyer and lay all the cards on the table so that he/she is able to properly assist and advise your son of... Read more »

1 Answer | Asked in Criminal Law and Gaming for Florida on
Q: Can I be charged in Florida for taking my money back in a poker hand that I lost

I was in the hard rock casino Tampa Florida playing poker I have $1900 in front of me I lost the pot my understanding the pot was $900 the dealer made a mistake and flipped all the carts over try to cover his self by saying it was all in bed I got upset because he was lying and took my thousand... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 18, 2021

You may be charged, the real question is whether they can convict based on the evidence.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 18, 2021

As a former judge and attorney of nearly forty years, my suggestion is that you actively pursue any appointed attorney or public defender so that you can keep yourself informed as to the status of your case…Nothing is worse than waiting for the day of court to find things out…This also applies... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If their was evidence in a case; for example a confession to a crime without proof the crime was committed, can certain

motions be filed to get recording suppressed. If their was evidence later of a recanted statement and their alleged involvement in the crime but prosecution took no interest in a sworn statement from alleged victim

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

Depending on the circumstances involved and the jurisdiction in which you are litigating, you should have received discovery and your attorney would have an opportunity to review the discovery and take depositions...Recantations would be fair game in a trial and would be used by you in your defense.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can a judge and the state deny me mention of a mental condition directly related to the instant offence?

State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.

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1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Florida on
Q: Can a lawyer be hired to investigate and bring criminal charges against someone?

Asking for the charges of insurance fraud, ppp loan fraud, falsely claiming to have a college degree, not reporting all income from a business, and driving drunk with a minor in the vehicle.

Henry George Ferro
Henry George Ferro answered on Jul 15, 2021

Generally speaking, prosecution of cases do not happen that way…I would however remind readers that state attorneys are elected officials (politicians) and they can be lobbied by people.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: WHO do I send the Motion for Rehearing to? Circuit Court? In florida
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: after a 3.600 is denied, HOW much time is there to file A. Motion for Rehearing
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).

1 Answer | Asked in Criminal Law for Florida on
Q: Can I be arrested for living with someone who owns a firearm if I’m a convicted felon?

I have no access to said firearm and was told it’s under lock and key

Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

No…but I would caution you to consider having your roommate remove the gun from your present residence…This is a situation that I have dealt with on numerous occasions as both a judge and lawyer.

2 Answers | Asked in Criminal Law for Florida on
Q: If you are set for a pretrial and all depositions have been taken, a proposal has been made to the states atty.

Why would the states atty not respond the the lawyers correspondence? He submitted all of the documentation from 5 depositions to her and a proposal to come to an agreement before the pretrial hearing on July 13th, and she has yet to respond to his emails? He told me she was allowed to ignore him... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 9, 2021

If what you are saying is correct then your attorney might want to consider filing a sworn motion to dismiss.

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1 Answer | Asked in Criminal Law for Florida on
Q: My question is, a public defender and regional counsel quit on a inmate, who becomes the inmates next counsel?

I have more questions. Said inmate is a non violent felon, been out of trouble since released from prison in 2018, said inmate and family were being threatened daily by co-defendant. Co-defendant comes by inmates home and pulls a weapon. Inmate protected himself. What is the likely outcome for... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 8, 2021

If the person has pending cases, the judge will likely appoint an attorney to represent them…the issues in your question should be referred to local law enforcement.

1 Answer | Asked in Criminal Law for Florida on
Q: How does the new 65% law in Florida work for inmates and when will it start going into effect?
Henry George Ferro
Henry George Ferro answered on Jul 7, 2021

65% rule does not apply to all inmates…inmates serving for violent felonies do 85%. It does not apply to minimum mandatory sentences either.

1 Answer | Asked in Criminal Law, Legal Malpractice and Libel & Slander for Florida on
Q: how do i get a expungement. 2019
Henry George Ferro
Henry George Ferro answered on Jul 7, 2021

You can go through the FDLE website or you can hire a lawyer to do it for you.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Florida on
Q: If the state was the scene first, can the federal pick up the charge and not have immunity. The statue is 893.21

A female overdosed and my friend called 911 and she didn't die. Well he was arrested and the regular cops were the ones to arrest him but then the feds picked it up. He has been sitting in county jail for almost 2 years. The girl overdosed again several months ago and passed away. His lawyer... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 1, 2021

You should be in contact with your attorney(s) regarding this matter. If you are unable to speak to the attorneys or they refuse, it may well be time for you and your family to hire a new lawyer...

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: Is it possible to expunge or hide a misdemeanor from an employer in Florida?

Petty theft, first and only charge 8 years ago at 19. I haven't been arrested or charged for anything since. Wanting to know to avoid any awkward questions in a job interview.

Henry George Ferro
Henry George Ferro answered on Jun 29, 2021

It depends on a number of different factors that are covered by Florida law…go on the FDLE website in the FAQ section. If you don’t find it there, consult with a local criminal lawyer (he/she may charge you a consultation fee).

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: My wife left me with my 5-year-old in the middle of the night while I was out of town

Is it a crime to take a child without the knowledge or consent of one parent across state lines?

My wife left me with my 5-year-old in the middle of the night while I was out of town with the intent of abandoning our marriage. She took my child to WA to my brother's house from our home... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 28, 2021

She may take the child in the absence of a court order restricting her ability to do so. Sounds like you are still married, if you decide to file for a divorce you may seek sole parenting and/or majority time share and use her actions as evidence of her intent to fail to share the child.

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1 Answer | Asked in Criminal Law for Florida on
Q: What if the evidence in a case documented at arrest is not the same as filed to the court?

Also are law enforced required to photograph the evidence nefore it is moved?

Henry George Ferro
Henry George Ferro answered on Jun 26, 2021

Not knowing all of you cases details it is difficult to accurately and fully answer your question. The failure to properly identify and photograph evidence is certainly a good jury issue.

Your lawyer will know what to do in these circumstances.

2 Answers | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: What does B.A.R mean?

I need clarification

Henry George Ferro
Henry George Ferro answered on Jun 24, 2021

The only thing that comes to mind is what separates the gallery from the area where lawyers work in the courtroom. The other is the organizations that are made up lawyers throughout the country.

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