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Questions Answered by Henry George Ferro
2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: (FL) Can a plea still be valid/stand if it was rejected at the time it was offered, but the facts provided were wrong?

A plea was offered 7 months ago of 29 years with no minimum mandatory. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that... View More

Henry George Ferro
Henry George Ferro
answered on Aug 8, 2019

This is not an issue that is best handled by a pro-se motion...Contact the lawyer who represented you and/or the public defender...You probably have a 3.800 motion and/or 3.850 motion that should be filed on your behalf...But again, contact a lawyer who can deal with the specifics of the case.

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1 Answer | Asked in Criminal Law for Florida on
Q: In FLA when is a CI consider not creditable?

The CI was recently living at the same hotel as the suspect. Suspect knows every inch of the hotel. Video starts where suspect enters the hotel, but he's moving the cameras around so you don't know what he's doing. Police report States only two occasions, which was the two control... View More

Henry George Ferro
Henry George Ferro
answered on Aug 5, 2019

It is a "case by case" review and ultimately to be decided by a jury, if it gets that far. I'll tell you what I routinely tell families, get the best lawyer you can find...

1 Answer | Asked in Criminal Law for Florida on
Q: After a youthfull sentence can the person be charged with the prr enhansement

If a 19 year old goes to prison sentenced as a youthfull offender 4 years followed by two years and wen he get out of prison happens to catch another charge before the three year time line after release. Can he be found quilty and sentenced under the prr enhansement making a 5 year max offense 15... View More

Henry George Ferro
Henry George Ferro
answered on Aug 5, 2019

The youthful offender imprisonment is considered a "confinement" and he would be subject to "PRR" sentencing and treatment. Hire a good lawyer...

2 Answers | Asked in Criminal Law for Florida on
Q: Juveniles charged with GTA, when Lure in by undercover police?

Isn't this called Entrapment, the boys got in with an adult person who did not say they stole the car offer them a ride, and then got out of the vehicle and asked the kids to park it. Under covers came out and arrested the boys and charged them with GTA? Is this legal or do i have a case??

Henry George Ferro
Henry George Ferro
answered on Aug 5, 2019

From the short description you provided, this is not an "entrapment" case. This is a case that will sink or swim on the issue of whether your children knew or should have known that the vehicle was "stolen." Hire a lawyer and fight this case...

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1 Answer | Asked in Family Law for Florida on
Q: I signed a waiver of service of process and consent to extended family placement how do I get it overturned

Since release from jail I have been living with my parents and daughter for last 5 years because we relocated to palatka, fl

Henry George Ferro
Henry George Ferro
answered on Aug 4, 2019

Hire a lawyer a petition the court for a modification...

2 Answers | Asked in Criminal Law for Florida on
Q: Do we need a lawyer at an intake court room appointment. My son is 15 years charged with GTA.

He also received 2 tickets do I pay them or have the lawyer fight them?

Henry George Ferro
Henry George Ferro
answered on Aug 5, 2019

I would contact and retain a lawyer as soon as you can...Typically a lawyer will file a notice of appearance, written plea of not guilty, demand for discovery and request either a trial by jury or judge (depending on whether the charges are filed in the circuit felony division or the juvenile... View More

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4 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: Can a person that's found guilty of a crime get the actual perpetrator to testify and free him completely

My son was convicted of a crime his girlfriend did, he was at the scene of the crime. he didn't know it took place and she never told him.a servelience camera shows them at the scene and he got charged with possession of his personal ring which his lawyer was informed was his not from the... View More

Henry George Ferro
Henry George Ferro
answered on Aug 5, 2019

Hire the best lawyer you can find...

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2 Answers | Asked in Criminal Law for Florida on
Q: My wife got arrested today for criminal conspiracy and she has not been in that place st Landry in a few years

St Landry, Louisiana

Henry George Ferro
Henry George Ferro
answered on Aug 3, 2019

You are not providing sufficient information for an appropriate answer... My best suggestion is for you to immediately contact a criminal defense lawyer...Your wife should not discuss this matter with anyone other than her lawyer...

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can my ex husband lower child support even though our incomes haven’t changed?

When I got divorced last year my ex agreed to pay $1500 in child support so I could keep the house because he didn’t want it. I was just served papers that he is trying to lower his child support claiming that our current incomes allow for a 15% or more decrease. Neither of our incomes have... View More

Henry George Ferro
Henry George Ferro
answered on Aug 3, 2019

It is unlikely, changes in child support can only be made when there are changes in circumstances...From your description that is not present...

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I just turned 18 my ex won't let me see my baby, I'm in college, do I have to pay child support to see her?
Henry George Ferro
Henry George Ferro
answered on Aug 2, 2019

There is no legal correlation between visitation and child support...You can petition the Court to enforce your visitation rights with the child...However, as an aside, I would start paying some child support before moving to assert your visitation claims...

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: Can a failed urinalysis for mdma/methamphetamine cause me to be charged for possession and attempt to destribute

I was discharged from the military with a other than honorable for misconduct and a couple of days before being discharged I was taken to C.I.D on post and told that I needed to sign documentation to speed up my discharge. When I arrived my fingerprints were taken and they took what seemed like... View More

Henry George Ferro
Henry George Ferro
answered on Aug 2, 2019

Yes you could be charged with possession; but you couldn't be charged with "distribution."

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2 Answers | Asked in Criminal Law for Florida on
Q: I was living with an ex who was very sick at the time I was doing all his errands shopping doctor appointments ECT ECT.

I used his debit card to pay for household expenses now he accused me of unauthorized charges what should I do

Henry George Ferro
Henry George Ferro
answered on Jul 31, 2019

The answer is very simple, you need to hire a lawyer immediately and do not discuss this matter with anyone until you hire a lawyer...

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3 Answers | Asked in Animal / Dog Law, Criminal Law and Libel & Slander for Florida on
Q: Animal control showed up because r/m has been neglecting her animals. Stopped trying to help when r/m became abusive.

Was also not in a financial situation to care for them as I just gained employment on 7.19.19. I have an 11 year old child that I have struggled to feed and shelter due to finances and have been trying to get out of this unhealthy environment. Animal control said that all persons in the home could... View More

Henry George Ferro
Henry George Ferro
answered on Jul 30, 2019

I am assuming that r/m is roommate. If so the State of Florida would have to prove that you are an "Owner” which includes any owner, custodian, or other person in charge of an animal...there is an attorney general opinion at 815 So.2d 597 from 2002.

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2 Answers | Asked in Criminal Law for Florida on
Q: What is a conflict attorney and is it better than having a public defender

My charges are felony charges to to my brother's girlfriend had come home and told me my mother that she got paid to do somebody's income taxes but she didn't have an ID and she said she asked if it would be okay if one of us cash the check that he wrote to her and she said he said... View More

Henry George Ferro
Henry George Ferro
answered on Jul 30, 2019

Keep your mouth shut, number one. Hire a good lawyer, number two. Hope you have a clean record, number three...

Here's hoping that you did not talk to the police and that you didn't feel compelled to tell the "fairy tale" you just provided. Wish you the best of...
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1 Answer | Asked in Criminal Law for Florida on
Q: I stole money from my job and my employer agreed (on text) that we would settle out of court but still called the police

What are my options?

Henry George Ferro
Henry George Ferro
answered on Jul 26, 2019

Keep your mouth shut (stop talking to anyone about this case); and immediately hire a lawyer...

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do i go about getting custody of my nephew who was removed from his mother?

I am his non-biological aunt. He was placed with my mom and step-father(his bio grandfather). They're living situation is unfit for a child. Father signed away his rights and mother's rights were terminated by the state. how would i go about getting custody of him? he lives in Alabama and... View More

Henry George Ferro
Henry George Ferro
answered on Jul 23, 2019

Your starting point would be to retain the services of a good and responsible attorney in Alabama.

2 Answers | Asked in Criminal Law for Florida on
Q: if u were underage u filed charges but u lied, now you want to testify that what you said was false would you go to jai

3 underage girls file 5 charges (4 of sexual assault and 1 of physical assault) sentencing the person for life, now that they are older they want to testify again because they lied in the court and they filed those charges just because they were naive and was jealous for personal reasons. but now... View More

Henry George Ferro
Henry George Ferro
answered on Jul 19, 2019

It would depend on the State Attorney and the facts of the case...as a defense attorney, it is a shame that there appears to be an innocent person sitting in prison someplace because three people decided to lie...I am certain that you and your friends should come forward and do the right thing and... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Bought a car for 1000 tagged and titled it guy called cops said i gave him fake Bills. They gave car back

You

I bought a car for $1000. I went and had it tagged and titled and insured in my name. 2 days later after an accident i find out that there is warrant for my arrest cause the guy I bought the car from called police and said I gave him4 fake $100 bills. Not only did I not do that how... View More

Henry George Ferro
Henry George Ferro
answered on Jul 18, 2019

It sounds as if the car legally belongs to you and you have a bill of sales...call the police and have them return it to you

1 Answer | Asked in Criminal Law for Florida on
Q: I had my probation transferred to florida from texas. Got into trouble in florida, but am being offered probation.

My question is, if I accept probation here, will it revoke my probation out of texas?

Henry George Ferro
Henry George Ferro
answered on Jul 17, 2019

Generally speaking, if you have a new charge your probation would be violated in the first case.

1 Answer | Asked in Criminal Law for Florida on
Q: Hello, yes I am trying to find the score/points for statute 655.0322 (6) (F2 Degree)but cannot find it anywhere?

what is the point of statute 655.0322 (6) (F2 Degree)? I am trying to tally up and total all of my brothers points, but cannot find that specific one in the CPC Score sheet?

I have searched and am trying to use the Sentencing calculator, Defraud Financial Institution - (F2) 655.0322(6) -... View More

Henry George Ferro
Henry George Ferro
answered on Jul 17, 2019

You can find it under the Florida sentencing guidelines

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