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Questions Answered by Henry George Ferro
1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Am I compelled, as a resident of Florida, to answer a subpoena from a different state?

I'm a retired police officer from Massachusetts. I was involved in several investigations that have been completed but the trials have not started. I do not believe that my testimony is really germane to the cases.

Henry George Ferro
Henry George Ferro
answered on Oct 27, 2021

Valid subpoenas served on witnesses are enforceable especially in today's world of zoom appearances...My suggestion is to contact the office of the attorney serving the subpoena and/or the prosecutors involved in the cases.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Florida on
Q: I’m got put on felony probation but my felony charge for noell processing why

My felony got noell processing and my misdemeanor got held so why did I get out on felony probation

Henry George Ferro
Henry George Ferro
answered on Oct 27, 2021

Sounds like a plea bargain…probation is probation regardless of who is doing the monitoring. Felony probation typically exceeds twelve months, while misdemeanor probation is typically less than twelve. Regardless, you are being supervised by a state/county agency for the time period the judge... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can officer lie in order to search passenger in car

Pulled over cops saying we had no seat belts a lie no tickets car searched nothing passenger told he has violation and warrant a lie in order to search passenger then found with narcotics offered become c.i go home does never able to give info then arrested

Henry George Ferro
Henry George Ferro
answered on Oct 25, 2021

If the officer lied in order to obtain probable cause there would be serious problems with the prosecution any case resulting from the encounter you described. Contact a competent criminal lawyer to prosecute your defense.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If some one busted my lip and spit in my face and they have hiv what can I do?
Henry George Ferro
Henry George Ferro
answered on Oct 25, 2021

First and foremost go to a doctor and determine what your medical condition is...The second is to communicate with the local office of the State Attorney (assuming that an incident report was filed with law enforcement). As Mr. Thorgaard indicated, depending on the circumstances, you should... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Is minimal mandatory sentence, does that mean they have to do the full sentence.

My husband got

followed for miles and than pulled over in my front yard for not having headlights on. Got arrested and is facing 7 to15 years. I think it was an illegal search.

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

In minimum/mandatory sentencing, the defendant serves the full amount of the minimum/mandatory sentence imposed on a day for day basis.

As for the second part of your question, there are insufficient facts to provide you an adequate answer. If the headlights were functioning and on and...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was pull pulled over for speeding and after taking my license insurance and registration and all that came back clear

He then asked could he search my vehicle I told him no I well first I asked him what his probable cause was he said because he wanted to I told him no he brought the dog out and they alerted on my vehicle and he found a set of digital skills by the way this was not a patrol cop this was a narcotics... Read more »

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

You should discuss this matter with your attorney and/or public defender...This site is not appropriate for a detailed analysis. It would appear as though you do have some issues regarding the stop.

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1 Answer | Asked in Criminal Law for Florida on
Q: If I confess to a crime and 3 other people say I also did the crime would that be strong evidence against me?

It was reported on the police report and body-cam footage.

Henry George Ferro
Henry George Ferro
answered on Oct 17, 2021

You may have a difficult time securing an acquittal in these circumstances. Good luck.

1 Answer | Asked in Criminal Law for Florida on
Q: if a direct appeal OR a 3.850 has ALREADY been ruled in favor of the DEFENDANT that trial counsel was

indeed ineffective,reversed and remanded for new trial and the DCA concludes that defendant established prejudice because of the ineffectiveness... does it that constitute a legal civil matter to be filed against the trial counsel for ineffectiveness?

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

This is not a criminal law question…it involves an issue for a civil trial lawyer to determine and assess liability and damages. If you are going to sue for damages resulting from this matter, you would have to deal with a statute of limitations issue which is two years.

If the case is...
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1 Answer | Asked in Criminal Law for Florida on
Q: if a trial counsel was ineffective during trial and the ineffectiveness resulted in a guilty verdict and the

Ineffectiveness was so apparent on the face of the record can a defendant file a civil suit against the attorney and sue for punitive damages and fees

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

You are presuming a great number of things…the first being that your attorney was ineffective (just because you were found guilty does not equate to ineffectiveness on lawyers part); assuming ineffectiveness does not amount to punitive damages; your first step is to file a 3.850 motion.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Order of probable cause action can it be left blank
Henry George Ferro
Henry George Ferro
answered on Oct 14, 2021

I’m assuming you are asking about an arrest affidavit. Probable cause would need to be established on the affidavit or on some other document like a warrant.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: In Escambia County Florida, i heard it might be possible to pay a fine instead of community service. Is this possible?

I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary

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

It is certainly within reason to have the community service converted to a monetary payment in most parts of the state

1 Answer | Asked in Criminal Law for Florida on
Q: What happens if you are in possession of a blank check that's not yours
Henry George Ferro
Henry George Ferro
answered on Oct 11, 2021

That would depend on the circumstances of the possession of the blank check...my suggestion is for you to remain silent and not talk to law enforcement.

1 Answer | Asked in Criminal Law for Florida on
Q: HOW long does it usually take for the Fifth District Court of Appeal to rule on an Initial Brief
Henry George Ferro
Henry George Ferro
answered on Oct 10, 2021

They work at their own pace and there is no way to predict…they rule after all briefs are presented and there may also be an oral argument.

1 Answer | Asked in Criminal Law for Florida on
Q: I was charged with cocaine possession in florida it's a 3rd degree felony this is my first felony charge. Probation?

What are the chances I'll get probation instead of incarceration?

Henry George Ferro
Henry George Ferro
answered on Oct 10, 2021

Unless there is a prior history and/or any aggravating circumstances….you may likely get probation. You might also be able to get a pre-trial diversion.

GET A GOOD LAWYER!!!

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

Hire a good lawyer!!!

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Construction Law for Florida on
Q: My inhearents is being stolen and iam the admenstator and my daughter is not allowing me to do my job amd is keepung an
Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

This is not a criminal law case. It appears that if there is an inheritance and you are the administrator of the estate…you are the one that controls the distribution and management of the assets. How is your daughter keeping you from doing what you need to?

Doesn’t make sense…

2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Medical Malpractice for Florida on
Q: Good morning. I am looking for some answers for my trans child M-F currently in the Florida Prison System.

Medical needs are not being met. A recent diverticulitis flare up went untreated for approx 6 weeks causing extreme pain and a 40+ lbs weight loss. I filed complaints with PREA, Inspector Generals office, the prison directly and got no results. My child has now been transferred to the 3rd prison... Read more »

Henry George Ferro
Henry George Ferro
answered on Oct 6, 2021

You need to retain a lawyer to review the file and then meet with them…Some lawyers may offer a free consult (be mindful of the adage that says “advice you receive for free is worth what you paid for it…nothing.”

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Caso Víctima de una falsa detención, discriminad acceso a la justicia le fue arrebatada una orden injunction a su favor.

Case Victim of a false arrest, discriminated against access to justice since a protection order was snatched from her with false reports by the Police, later sentenced "Not just cause"

4 months later he was arrested for the same charge but with reports of aggressions that did not... Read more »

Henry George Ferro
Henry George Ferro
answered on Oct 6, 2021

My only suggestion is for you to meet with a lawyer and discuss possible options…I will warn you that you might have to pay for consultation and review of your file.

3 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Collections for Florida on
Q: Unemployment

Overpayment and fraud, how do I know if I’m being charged with unemployment fraud??? I’ve been notified of overpayment!

Henry George Ferro
Henry George Ferro
answered on Oct 2, 2021

Look at the information or ask your lawyer.

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1 Answer | Asked in Criminal Law for Florida on
Q: Is it ok to récord an in person convo on a open Jobsite where signs say cameras in use are displayed and cams are visibl
Henry George Ferro
Henry George Ferro
answered on Sep 30, 2021

Florida Statute 934.03 is the applicable statute…read it.

Generally speaking you cannot secretly record a two-party communication and use it for any reason.

Your suggestion is an argument for permitting you to secretly record…the difference is that the placing of signs readily...
Read more »

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