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Questions Answered by Leonard Louis Cagan
2 Answers | Asked in Criminal Law for Florida on
Q: I'm being accused of burglary of unoccupied dwelling on which isn't true and I didn't commit the offense. a person

Without my permission at all video taped me outside of the dwelling on there cellphone can the video be used in court proceedings or not

Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 21, 2020

I agree that the video can be used in court as long as the person who took it can authenticate it as to time and place etc. so as to make it relevant. You have no expectation of privacy while walking around in public.

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1 Answer | Asked in Criminal Law for Florida on
Q: I left a store this morning and when later looking at my reciept I realized one item ($16) wasn’t on there.

Feeling guilty and paranoid I will be charged. Should I go back to the store and pay for it or will that only draw more attention to me? I am finding contradicting answers to this question online. Thank you!

Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 19, 2020

Difficult question, but it is my opinion that doing the "right thing" is typically the best way to go. I believe that bringing the item and receipt back to the store with the intent to pay for the item will negate any intent associated with theft. Depending on the store, you can call and... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 15, 2020

I recommend you hire an attorney to represent you in the investigative phase. Although you have a constitutional right to refuse to speak to law enforcement, they many times take a refusal to talk as some indicia of guilt. If they are trying to contact you I usually recommend that a client call the... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How do I get rid of a misdemeanor warrant from a different state from 9yrs ago it’s stopping me from working decent job

I was 18 yrs old I was involved with human trafficking case in Chicago I was picked up in Miami fL charged with misdemeanor of prostitution although the judge knew I didn’t live there he still issued a warrant but I live in Chicago so they won’t expedite me for misdemeanor but I can’t get a... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 1, 2020

I would recommend that you hire a local attorney where the charges originated from. They may be able to work something out with the State. FTA warrants can stay active forever so something needs to be done. Ignoring it is rarely the best strategy, especially if is making your life more difficult... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Yes can two people be charged with the exact same charges on the same case

Also can a person be arrested without a case number on the arresting report

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 14, 2020

Two people are often charged with the "exact same charges on the exact same case." There are several legal ways for a law enforcement officer to do so including:

1. Co-defendant

2. Conspiracy

3. Principle

4. Accessory

to name a few. You really need...
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2 Answers | Asked in Criminal Law for Florida on
Q: Can I sue a person who is impersonating my friend ?

Can I sue a person who is impersonating my friend by using his images on Facebook or my friend is the only person who can sue them?

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 14, 2020

The right to sue a person is typically known as "standing." If the person's actions did not harm you, that is usually a bar to bringing a suit. I do not see a way under these limited facts that you can be the one bringing the suit on behalf of your friend's alleged damages.

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2 Answers | Asked in Criminal Law for Florida on
Q: What am I able to do legally, if I am currently on probation in FL. But, I have open warrants in CO?

Before moving to FL 2 years ago, I was on probation in CO. I moved from CO to FL because I was living on the streets, and starting to get into bad habits. I moved to FL to get my life back on track. When I first got to FL I was still drinking a lot, and ended up getting a felony battery charge, and... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 2, 2020

You are going to need to speak to an attorney in CO about those charges. Depending on what the charges are, there may be a way to take care of them or fight them without you having to go back. An attorney who is local to where the charges originated may be willing to take a look at them and tell... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I was never charged with anything. My Miranda Rights was not said to me and they let me go. State picked up the case.

I was tazered over a wellness check i myself called. Due to post postpartum. In the process of bein put down i kicked an officer on accident one time.

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 31, 2020

Whether something was done on purpose or by accident can be a difficult thing to determine. Because of that, it can be the cause of a difference of opinion. You need to retain an attorney who can point out to the State the facts that seem to indicate that any contact with the officer was accidental... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If I tell a person to assault another, and I offer to pay their legal expenses. Am I liable to any criminal charges?
Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 31, 2020

Yes, criminal conspiracy or principal to the assault are some thing that come to mind off the top of my head.

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: how can I get the bank to stop allowing money from a disabled person be stolen through payment apps? Nobody will fix it.

I am caretaker and poa of my friend who had a massive stroke. His wife divorced him during the incident and made a new account for him and has been taking his money as well as his sister in law through venmo or paypal. I have tried everything and no one can do anything. The bank says call online,... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 25, 2020

Contact the local law enforcement agency and ask that they do a fraud investigation.

2 Answers | Asked in Criminal Law for Florida on
Q: What happens if charges were filed against me in my old state after I moved to new state and I didn’t know about that?

Felony H

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 17, 2020

Criminal charges need to be addressed in the state where the alleged crime occurred. I would encourage to to find a good attorney and have them look into the case. Ignoring it will not make it go away. Living with a warrant hanging over your head is no way to live. DO SOMETHING ABOUT IT!

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3 Answers | Asked in Criminal Law for Florida on
Q: Daughter pulled over and searched she had a pill in her purse and she is now facing a felony. Can a lawyer help?
Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 11, 2020

Reason for stop

Reason and validity of search

Prescription for pill?

These are all issues (among others) that an attorney can investigate in addition to any negotiations that can be undertaken if necessary and in her best interests.

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If you have a failure to yield ticket with injuries you have out of state license which state do you pay penalties for?
Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 8, 2020

I agree that you must be aware of any impact the payment of the ticket may have on your driving privilege in the state which issued your license. The ticket is of course payable in the county in the state where the offense took place.

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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: Can you have a disorderly conduct with probation record from 2014 expunged if you had a cannabis charge expungemen at 19
Leonard Louis Cagan
Leonard Louis Cagan answered on Mar 11, 2020

I agree with the prior answers especially if the prior expungement was as a adult.

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3 Answers | Asked in Criminal Law for Florida on
Q: Hello, I'm a fugitive from Florida for a case in Dade County, 1997. Please advise if Justia can help.
Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 13, 2019

I suggest contacting an attorney in Dade County to review the facts to see if there may be a Motion to Dismiss for Statute of Limitations. Absent that, there may be a chance that an attorney can negotiate a resolution to the case without a surrender to jail. That is likely to be difficult or... Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: What happens at a Judge's Pre-Trial Hearing
Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 3, 2018

Typically a Pre-Trial Hearing is a Judge's way of checking on the status or progress of a case. I say "typically" because every judge is different and it is very important to know your judge. For some judges it may be the last court date before the case is set for trial. This may... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I got caught shoplifting some algea killing supplies first offense

I got caught shoplifting some algea killing supplies worth about 27 dollars, I have really had algea build up around my pool which is spreading to my house and Air condition drain lines, i was low on funds and was buying a cheap dinner when I saw some algea killer and when i realized i couldnt... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 23, 2018

Ask the court to appoint a Public Defender. You may qualify for some sort of diversion program.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: FIRST COURT NOTIFICATION SAID: Event VAR scheduled FOR, NOW CHANGE TO: Event CM scheduled...What VAR and CM, means?
Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 11, 2018

Typically VAR is Clerk's Office shorthand for Violation Arraignment. CM, I'm not so sure. I would recommend call a local attorney who is familiar with local custom.

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3 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 7, 2018

I agree with the previous answers. The only thing I would add is that you may want to ask the employer for a copy of the background check the used to process your application. This information may be helpful to any attorney you may hire to assist you.

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