Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Malcolm Anthony
1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?

In accordance with Fla. Stat. § 790.06(12), concealed carriers are prohibited from carrying lethal weapons on any college or university facility. The statute does not specify whether private universities/colleges are included and whether they can set their own policy regarding firearms. Can... Read more »

Malcolm Anthony
Malcolm Anthony answered on Jun 12, 2019

Generally, private property owners can regulate activity on the premises of their property. Because vehicles are the most common mode of transportation for individuals and the right to carry a firearm in a vehicle while "securely encased," the exception to this general provision (private... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: What are the possible convictions of a first offense petit theft charge ?

I'm not the type for criminal activity and it was a huge mistake I just dont want this on my record for the rest of my life

Malcolm Anthony
Malcolm Anthony answered on Jun 4, 2019

A first Petit Theft charge (value less than $100) is a second degree misdemeanor punishable by up to $500 in fines and 60 days in jail. If it was a first offense then most likely the accused is looking at probation and fines or a diversion to complete some tasks usually including some community... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: if i had to pay someone to get my car that was stolen back. what can i do to the person who stole it in the 1st place?

my car was stolen about a week ago. i happened to see my car posted on facebook trying to sell it. i hit the person up and told them i was coming to buy it and when i got there i made sure it was in fact my car i told the person what the deal was and they told me that they paid 500 for it and they... Read more »

Malcolm Anthony
Malcolm Anthony answered on Apr 15, 2019

You have the absolute right to your own property against all others. You should have called the police and had them appear with you to get your car. If you told the seller it was your car and it was stolen from you, technically he can be charged with Dealing in Stolen Property, a second degree... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: can a confidential informant help law enforcement in the county where they live but get charges reduced or dropped that
Malcolm Anthony
Malcolm Anthony answered on Apr 12, 2019

A CI can help law enforcement anywhere and can get charges reduced or dropped for assisting.

1 Answer | Asked in Criminal Law for Florida on
Q: Hello. Ocala Florida here. An exterior window was broken on a home, a water hose was thrown in and water turned on.

The home was flooded. What possible charge or charges could arise from this?

Malcolm Anthony
Malcolm Anthony answered on Apr 12, 2019

Criminal Mischief, may be a felony depending on the amount of damage; Burglary of a Dwelling, a felony.

3 Answers | Asked in Criminal Law for Florida on
Q: Florida probable cause search question

When an officer in Florida searches a vehicle under his belief that he has probable cause due to the odor of marijuana ( real or fabricated to gain “legal accesses” to the vehicle) and then does not find any marijuana, ashes, butts or Paraffinalia, but does find other illegal drugs or... Read more »

Malcolm Anthony
Malcolm Anthony answered on Mar 22, 2019

If an officer has probable cause to search for marijuana within a vehicle, then he may search where marijuana could be found. If he finds other unlawful controlled substances or unlawful items during a valid search, then the items are admissible in a prosecution for possession of such unlawful... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: My daughter who is 21 was caught at Target Tallahasse with a pair of socks she pulled from a packet.

She was detained outside the store, signed a statement, the security guard called the police. she was put on handcuffs and read her rights, asked if she was hispanic or black by the police officer. Unfortunately she gave a statement since she was very nervous and no experience with the situation.... Read more »

Malcolm Anthony
Malcolm Anthony answered on Mar 3, 2019

I'm not sure what your question is, but petit theft or retail theft is a common first offense for many young people and the system is accustomed to this type of defendant, charge, and the effect of this on her future. Without a prior criminal history, a good lawyer should be able to get this... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.