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Questions Answered by Leonard Louis Cagan
2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 16, 2024

Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss... View More

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2 Answers | Asked in Criminal Law and Internet Law for Florida on
Q: how to delete a mugshot out of internet

how long does it takes after requesting removal of mugshot in internet, it is a very terrible thing to show, this cause phycological and depression for a person

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 15, 2024

A "mugshot" can be found in multiple locations. Some of these locations are private companies and some are law enforcement. A private company may not be obligated to honor your request for removal, although they may be willing to do so voluntarily. A law enforcement site is not obligated... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for Florida on
Q: Good morning. MY QUESTION: I was charged with “Grand theft (more than $750 but less than $2500.00”. Continues below

First time ever being arrested. Was given 18months probation with adjudication with probation. I’m all completed with probation. Completed classes and all financial obligations. Went to court and was released off probation. When looking up my DC# I’m still on there with charges stating the... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 1, 2024

If you entered a plea to this case and was placed on probation "with adjudication", the information will never be removed from your record. If you entered into some type of diversion, you may be able to seek expungement or sealing if the case was dismissed. If the "dismissal"... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My husband was released out on bond we had to put our car up. we heard that he could be revoked without cause?

Then we would lose our transport and then he would be right back in jail. Is this true?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 30, 2024

A Bonding Agent can "come off" a bond without cause. This may happen if there is some question regarding whether the Defendant will appear as required. If this happens the person will be remanded back into custody. This will also result in any attached collateral being released.... View More

1 Answer | Asked in Criminal Law for Florida on
Q: i was arrested for larceny grand theft auto, because the couple who stole the car, said i was there.

the couple said i was there, but there’s no physical evidence of me being at said crime. nor was i near the vehicle when it was recovered. but my successor council guy, is telling me to take the 2 years probation, because they offered me withheld adjudication, even though i didn’t commit this... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 4, 2024

A witness can testify as to what they personally witnessed. If these witnesses are back in trouble again, they may be reluctant to do so. On the other hand, the Sate may be willing to offer them a deal to testify against you. All of that can be brought out in a trial if there is evidence to support... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My son was arrested for several felonies, he was put on probation and released from it. On a job application...

it asks if he has been arrested for a felony, (not convicted) can he answer no? Or what should he do in this situation. In the old days they asked if you have been convicted, now they ask if you have been arrested. Thanks

Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 11, 2023

I would always recommend answering the "question asked" truthfully. If he was asked if he "was arrested" then the truthful answer would be yes. It seems that most employers regard truthfulness higher than the actual answer. Every employer will handle the scenario differently.... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 4, 2023

I agree with the previous attorney's answer. The only thing I would add is someone who is attending law school and has completed two years or has graduated successfully can practice law under what is known as the third-year practice or legal intern rule. They can practice law, including... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: Can you fight a warrent

I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 6, 2023

Depending on the jurisdiction, it may be possible to engage an attorney to approach the Prosecutor's Office about having the warrant withdrawn. An obstacle may be whether a prosecutor has been assigned to the case. Your attorney can determine who sought the warrant and approach that person.... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: Can you get a child abuse felony expunged from your record
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 9, 2023

Whether a case can be expunged has more to do with what the outcome of the case was than what the charge was. If the case was dropped, you will have a better shot. If the outcome was a withhold of adjudication it would require a sealing for ten years if you are even eligible. That is dependent on... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Florida on
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft

Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.

A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 24, 2023

I agree with the first attorney's answer. Deal directly with the police. In addition, go directly to your post office and speak to the Postmaster. They can verify any claims. Also, if your mail is being stolen you may need to invest in a locked mailbox or register for a small post office box... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get my court cost and fines waived?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 14, 2023

Typically no. Some judges will allow fines and court costs to be entered as a lien against a Defendant. Some judges will allow a Defendant to perform community service in lieu of some of the obligation. This would typically need to be requested by the filing of a motion or it could be specified as... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Identity Theft for Florida on
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?

My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 11, 2023

The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How can we get the state to reduce a charge of burglary with battery?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 10, 2023

There are typically two ways to have the State agree to reduce a charge. (1) Your attorney can negotiate a reduction as part of the plea negotiations or (2) Your attorney can point out to the prosecutor issues as it relates to a lack of evidence to prove all of the elements of the alleged crime or... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 16, 2023

This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can you be charged with soliciting a prostitute weeks after the encounter
Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 27, 2023

The answer is yes. Without knowing the details, a charge that comes later is likely - especially if the police are using a Confidential Informant or undercover officer. This is often done to try to protect the identity of the person used. The charge must be brought within the Statute of... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If you were originally charged with a felony, but give a misdemeanor probation if you violate in Florida, is it a felony

Can the judge revoke the misdemeanor and reinstate the felony?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 2, 2023

If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Arrested for poss. cocaine 1984 b/c other passenger did havecocaine. 2wks later my charges dropped. Is flagged on BG ck.

even though charged were dropped. Can’t buy firearm or work at Medicaid facility because keeps coming up on BG screen. City police & county clerk of courts say record no longer exists. How to correct? Never did any drugs, never possessed any drugs ever. How do I get it corrected so... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 8, 2022

If you have no prior convictions, I would recommend that you speak to a local attorney to determine whether you might be eligible to apply for an expunction of your record. The process can take several months but it is certainly better than doing nothing. There are rules that must be reviewed to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I on probation, I have employment in Fla, my probation ofc wants to call my work and it will cost my job. can she ?

Does she have that right? I'm supposed to obtain gainful employment and I have.... if she calls them it will cost my job... I work at a respectful country club

Leonard Louis Cagan
Leonard Louis Cagan
answered on Nov 7, 2022

Probation does have a right to verify your employment and place of work. Your attorney or you can file a motion with the court asking that an order be signed instructing the probation officer to verify employment via paystubs, etc. You can try speaking honestly with your probation officer to see if... View More

2 Answers | Asked in Criminal Law for Florida on
Q: Marion County Florida was arrested for dwls and wrong tag on my car do sheriff's depth have the right to search my car

Searched vechile without asking and no probable cause

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 8, 2024

I agree with the above attorney. An attorney may be able to ask additional questions. There is no mention of anything being found. The "incident to arrest" caselaw is very broad. Be careful of how any plea will affect your eligibility to be designated a "Habitual Offender" for... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: MOTION FOR CONTINUANCE DEFENDANT ___ JOINS THE STATE. What does this mean ?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Nov 14, 2023

If you are not sure what is happening i would suggest discussing it with your attorney. There can be many reasons to continue a case that can be helpful to you. It is impossible to guess at such a reason but if you have questions talk to your lawyer about it.

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