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Questions Answered by Kevin John Mawn
1 Answer | Asked in Criminal Law for Florida on
Q: If you have two years time served, finished community service, but you violate community control what would happen

Hello, the father of my kids was arrested for violation of community control, he was supposed to be on it for 24moths but only completely 21months when he was arrested. He was on his way home from work when his ride stopped at a store he got out not know he wasn't allowed to. another officer... View More

Kevin John Mawn
Kevin John Mawn
answered on Aug 24, 2018

There are many different sentences a court could impose on these set of facts. The ultimate sentence will depend on the following factors: recommendation from the probation officer, prior record, where the defendant scores, the nature of the violation(s), previous violations and any mitigation... View More

2 Answers | Asked in Criminal Law and Elder Law for Florida on
Q: We've been named publicly as victims in a fraud case. We have a case number etc. Do we still need to file in small

claims court to secure a judgement for restitution? We sent all our info into the state Attorneys office. Any thing more we should do. We were scammed out of $6,000 dollars. sm. Claims only goes to $5K...but 5 is better than none. Advice? We are both over 65. Roofer took 50% cash deposit,... View More

Kevin John Mawn
Kevin John Mawn
answered on Aug 23, 2018

Even though a criminal case is filed, you will receive restitution only if the defendant is convicted at trial or enters a plea. Assuming the criminal case resolves itself, you will not need to file a civil suit if you receive restitution for your loss. However, if you are worried that the... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: Is it possible for a case to be dismissed or charges dropped due to an inaccurate arrest report?

Dates of occurrence listed on arrest report conflict with actual date of occurrence, actual evidence found during search of individual conflicts with actual evidence listed in report, actual evidence found at scene during search of residence conflicts with actual evidence listed on report. Report... View More

Kevin John Mawn
Kevin John Mawn
answered on Aug 23, 2018

A police report is a summary of the events observed by the police officer writing the report. The evidence presented at trial (testimony, DNA, pictures, recordings, etc.) will determine your innocence or guilt - not the police reports. The inconsistencies in a report, however, may be used to... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: how long do u have to register in florida for indecent behaviour with a juvenille, was only two year age differnce?

differnce and has severed 8 years.

Kevin John Mawn
Kevin John Mawn
answered on Aug 22, 2018

See 943.0435

(2) Upon initial registration, a sexual offender shall:

(a) Report in person at the sheriff’s office:

1. In the county in which the offender establishes or maintains a permanent, temporary, or transient residence within 48 hours after:

a. Establishing...
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2 Answers | Asked in Criminal Law for Florida on
Q: What needs to be done to get a phone and computer checked to see if any forensic was done?

The detective testified that nothing was done and they had possession of both for 3 years.

Kevin John Mawn
Kevin John Mawn
answered on Aug 21, 2018

You would begin by hiring a forensic expert to see if they can determine if any work was performed by the police department. I am not sure if such a determination is even possible.

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1 Answer | Asked in Criminal Law for Florida on
Q: What does a failure to appear on a 60day jail sentence? What is the chances of a f.t.a being ran concurrent

Retail theft felony. Sentenced to 60 days county sentence signed plea deal.

Kevin John Mawn
Kevin John Mawn
answered on Aug 20, 2018

FTA is a contempt charge for non-compliance with a court order. You face up to 6 months in jail assuming this is a non-jury resolution. Receiving a concurrent sentence rests entirely with the sentencing judge. You will need a good reason explaining why you failed to appear in order to receive a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: if you have a warrant for your arrest and they police find you in your car on your property can they search the car?

I pointed my gun at someone in traffic and they called the police and told them. They had a warrant for my arrest and when they found me I was sitting in my car on my property. They didn’t have a search warrant for my car so we’re they allowed to search my car?

Kevin John Mawn
Kevin John Mawn
answered on Aug 20, 2018

If you are lawfully arrested, the police are permitted to do a "search incident to arrest." This is an exception to the general warrant requirement for searches. If you are arrested in your car, the police may be able to search the areas surrounding you to determine if you are hiding a... View More

2 Answers | Asked in Criminal Law for Florida on
Q: will This case dropped and will I be able to uptain my conceal license and get my gun back ?

Purchase a firearm registered under my name I was under my building hanging with friends police pulled up on us and I quick told them I have my firearm they detained me then took me in with out reading any rights

Kevin John Mawn
Kevin John Mawn
answered on Aug 18, 2018

I need more information. What were you arrested for? Assuming the gun was concealed, that constitutes a third degree felony. You will not be eligible for a concealed weapons permit if convicted of a felony. The charge will not be dropped if your rights were not read; however, assuming unlawful... View More

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3 Answers | Asked in Contracts, Copyright, Criminal Law and Family Law for Florida on
Q: My friend is 23 and I am 17 about to be 18 in Noviember,We havnt kissed or anything

Can my friend go to jail for his age?

Kevin John Mawn
Kevin John Mawn
answered on Aug 18, 2018

Luckily we live in the United States. As far as I know, one can not go to jail for being 23.

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2 Answers | Asked in Criminal Law for Florida on
Q: Will the warrant still be active after the DISP SAYS DISMISSED

I need some more information

Kevin John Mawn
Kevin John Mawn
answered on Aug 17, 2018

Question previously answered; please see below.

The answer depends on what warrant you are referring to. For example, if the warrant is for a FTA, the warrant for your arrest may still be active for the contempt charge even though the underlying charge is dismissed. If the warrant is for...
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2 Answers | Asked in Criminal Law for Florida on
Q: Could my son be arrested? He threaten a collections representative when they kept calling our house about credit card?

We live in Florida. My son is 18 years old. My son had nothing to do with the debt owed. Collections representatives keep calling our house several times a day. My son answered the phone and told them his parents where not home and they repeatedly were harassing my son and his younger siblings.... View More

Kevin John Mawn
Kevin John Mawn
answered on Aug 16, 2018

Based upon the facts presented, your son couldn’t be arrested for cursing at the bill collector-harassing phone calls. At best, these facts remotely suggest an assault (threatening to kill); however, even that charge falls short since he did not have the ability to carry out the threat nor was... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: If the DISP says DISMISSED will the warrant still be active
Kevin John Mawn
Kevin John Mawn
answered on Aug 15, 2018

The answer depends on what warrant you are referring to. For example, if the warrant is for a FTA, the warrant for your arrest may still be active for the contempt charge even though the underlying charge is dismissed. If the warrant is for your arrest on the underlying charge that is subsequently... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: Under what circumstances can I get a DUI taken off my record?
Kevin John Mawn
Kevin John Mawn
answered on Aug 14, 2018

Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.

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