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2 Answers | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.

Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More

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answered on Feb 22, 2024

Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More

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2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
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answered on Feb 22, 2024

Clerk's offices use that number system to file judgments and other documents so they (and the public) can locate them. If you want to see it or get a copy, most Clerk's offices have an online portal. If not, you will have to go to their office.

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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Can a domestic violence victim move from miami fl to Orlando fl and take her 2 year old child without the consent of the

Other parent who happens to be the abuser?

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answered on Feb 21, 2024

If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

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answered on Oct 7, 2023

It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).

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2 Answers | Asked in Criminal Law for Florida on
Q: What does this mean? ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE

ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE

THIS CAUSE, having come on to be heard on the Surety, XXXXX, Motion to Set Aside and the Bond Estreature and the Court having considered the circumstances, the agrcement of the parties, and being otherwise advised in the premises, it is... View More

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answered on Aug 23, 2023

Minor typographical mistakes aside, this Order is fairly standard and simply means that the surety (bail bondsperson) is no longer responsible to pay the Clerk the bail amount. Either the Defendant was surrendered or the Court vacated the estreature for other reasons.

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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Boyfriend was arrested with felony battery charge now has an ICE hold. If charges were to be dropped would ICE detain?

Arrested on a felony battery charge, bond was set but was recommended defendant remain in County custody until case is resolved. We are working to get charges dismissed. There is an ICE hold, defendant only recently submitted asylum paperwork prior to arrest. Will ICE still detain defendant if he... View More

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answered on Aug 7, 2023

Possibly. Whether ICE will detain depends on his immigration status, the reason for the ICE hold, and the specific circumstances of the case. It's essential to consult with an immigration attorney to understand the situation better and get accurate advice. You don't need a conviction to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: what is a motion to demand reciprocal discovery and notice of alibi for. i

I know what the discovery is but what is the purpose of demand for reciprocal discovery

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answered on Jul 25, 2023

Rule 3.220 of the Florida Rules of Criminal Procedure outlines each side's obligations to disclose things pertaining to the case. Discovery obligations are different for each party and have various time limits associated with those obligations. A defense filing of a Notice of Intent to... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Do bail Bond conditions from your state apply to other states if you travel?

I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More

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answered on Jun 20, 2023

Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Complaint of Conspiracy to commit Grand Larceny, subject of Larceny is real estate in NY, one suspect is in FL,

the other is in Georgia, in what jurisdiction should the complaint be filed?

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answered on May 23, 2023

The decision where the criminal complaint is filed is made by the respective prosecutors based on the facts of the case and the laws of each jurisdiction. Generally, cases are filed where the crime (s) occurred or where the subject of the property crime exists. It's also possible to have... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Greetings! I saw this on a friend’s docket: “REPORT RE: BY BONDSMAN SET FOR…” and would like to know what it means.
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answered on May 10, 2023

The “ …” is needed to be certain. Bondsman may have to appear before a Judge to testify about sources of funds for collateral in serious drug cases. Sometimes they have to report to a judge about whether they are willing to continue writing the bond in cases where the defendant has picked up... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

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answered on May 18, 2023

You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: What do I do if the police search my car without permission for a simple improper lane change
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answered on May 8, 2023

Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: If the arresting officer says that you're only going to 7 months If you give a statement Then Is going To court And

Receiving 10 years first offense Could this be considered Coercion?

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answered on Apr 7, 2023

It is almost always legal for police to lie during interrogations. Police have long been prohibited from using physical force during interrogations, but they are still allowed to use a variety of powerful psychological ploys to extract confessions from people. Allowing the police to lie to suspects... View More

2 Answers | Asked in Criminal Law and Health Care Law for Florida on
Q: How can a past felony be reduced to a misdemeanor status in Florida through legal means?

How can a past felony be reduced to a misdemeanor status in Florida through legal means?

In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... View More

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answered on Apr 5, 2023

Sealing your record won't help you when applying for certification in the "Compact". The case will come up in a level II background check AND you must disclose the arrest, regardless of the withhold or a sealing. The time limit has passed to vacate the plea. However, a lawyer would... View More

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1 Answer | Asked in Entertainment / Sports, Real Estate Law and Personal Injury for Florida on
Q: I am preparing to propose an idea to my housing community for a private backyard wrestling "promotion" with amateurs.

I just want to be sure about this idea before I propose it. It would be informal and the people who would be involved have to sign a waiver and follow a carefully selected moveset to minimize liability or potential injury, but I am still unsure about the legality of hosting a backyard wrestling... View More

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answered on Apr 3, 2023

I doubt the Association bylaws sanction promotional events within the confines of the Association grounds. Liability waivers aside, if someone gets injured, or a fight among non-particpants breaks out, or someone flashes a guns, you're homeowner's insurance may not cover you. Contact an... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Can you explain what commence the prosecution means in a criminal case?
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answered on Mar 30, 2023

Commencing the prosecution in a criminal case means that the legal process of pursuing criminal charges against a person or entity has been initiated.

It involves filing a formal criminal complaint or indictment, which outlines the specific charges and accusations against the defendant, and...
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1 Answer | Asked in Criminal Law for Florida on
Q: If the state was ordered to provide such a documents

In the motion of discovery. And failed to submit half of them. Due to there being a lack of evidence now, can we ask for a motion to dismiss based on lack of evidence to convict

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answered on Mar 22, 2023

Your attorney is the best person to answer this for you, since he/she has a full knowledge of the facts. A Sworn Motion to Dismiss is the pretrial effort to toss the case. That motion lays out what the undisputed material facts are (as established by the evidence) and argues that the facts do not... View More

1 Answer | Asked in Criminal Law for Florida on
Q: In Florida criminal Court, for LARC - GRAND THEFT $20,000 OR MORE LESS THAN $100,000 how long do they have

To produce factual evidence. How long can they leave a person in jail without factual based evidence. what is the statue of limitations to convict

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answered on Mar 20, 2023

The State has 21 days from the date of arrest to file a charging document. They can ask for another more time, if they are not ready on the 21st day. If they don't have charges filed by the 40th day, the Defendant should be released ROR.

The statute of limitations to file on a felony...
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1 Answer | Asked in Criminal Law for Florida on
Q: What is the Florida statue number and the statue of limitations for criminal court case in Tallahassee?

Is there a statue of limitations?

If so, how long?

Also, is there a statue pretaining to how long these cases can be continued in Florida court system without being settled?

-GRAND THEFT (OVER $20,000)

-FTA/GRAND THEFT (OVER $20,000)

-BURGLARY OF CONVEYANCE

FTA/BURGLARY OF CONVEYANCE

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answered on Mar 13, 2023

Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15. As a result, a prosecution for Grand Theft can be brought up to five... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can I legally change/drop my first name while on felony probation with adjudication withheld?

I asked the head P.O. & she said she didnt know.

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answered on Mar 7, 2023

You will not be able to change your name if you have been convicted of a felony, which you have not. However, any violation of your probation could result in conviction, thus making you ineligible. The name change process requires fingerprinting and background check — legal name change is... View More

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