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Questions Answered by Leonard Louis Cagan

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 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 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 also be the last... 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 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 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 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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2 Answers | Asked in Criminal Law for Florida on

Q: Domestic dispute /State pressed charges. Questions?

If there was a domestic dispute and a third party showed up and called the cops, they arrested one of the parties involved in the fight and pressed charges. Even though the victim didn't want charges pressed. Can the charges get dropped? Or lowered to a misdemeanor?

Leonard Louis Cagan answered on Aug 30, 2018

The decision of whether to file charges in a case is a function of the State Attorney's Office. The victim in a case certainly has input, but only a prosecutor can drop a case. The same goes for whether a charge is changed to something lesser or an agreement is entered into to allow a plea to a... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on

Q: What does it mean DISP DISMISSED other than it being dismissed... Does that mean the charges dropped

Does this also mean that the case is closed

Leonard Louis Cagan answered on Aug 15, 2018

TYPICALLY it means that the case is dropped. Please do not rely on this forum for specifics to your case. CONSULT AN ATTORNEY. Occasionally a case may show this if a charge is dropped in one court and refiled in a higher or lower court. The fact that a charge is dismissed does not necessarily mean... Read more »

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2 Answers | Asked in Criminal Law for Florida on

Q: What does it mean when it says DISP Dismissed ?

Leonard Louis Cagan answered on Aug 15, 2018

As was previously said, it typically means that the case was dismissed. I would recommend contacting a local attorney to see if you might be eligible to have the case expunged.

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2 Answers | Asked in Criminal Law for Florida on

Q: I was arrested in 1999, 2011 and one month ago. Can my past be used in sentencing in the state of florida

Leonard Louis Cagan answered on Aug 15, 2018

Past cases can be taken into account in sentencing. If your question relates to felony scoresheet calculations specifically, a conviction is not required. (ie. withholds count) Juvenile convictions can "drop off" of your scoresheet in time as can adult charges if your last case is more than ten... Read more »

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2 Answers | Asked in Criminal Law for Florida on

Q: I was wondering will I have a bond when I go to jail and turn myself in?

The felony probation is out of county and I have a warrant for three misdemeanors. Everyone keeps telling me I will still have a bond and just need to report to the probation officer afterwards if I am able to bond out. I’ve never violated and i don’t really know how the process will go so... Read more »

Leonard Louis Cagan answered on Jul 24, 2018

Every county handles their Violation of Probation bonds in their own way. The rules do not guaranty you a bond on a violation. Some counties issue VOP warrants with bonds and some do not. It is important that you speak to an attorney who practices in the county where the case was originally filed.... Read more »

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2 Answers | Asked in Criminal Law for Florida on

Q: son 13 charged with robbery in Orlando florida he took a iPhone x its his first offense

Leonard Louis Cagan answered on Jun 9, 2018

Robbery is usually the taking of property by force or threat. It is a very serious charge that can have long lasting implications, even if charged as a juvenile. It would be wise to hire him an attorney who can review the facts and negotiate a workable outcome.

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2 Answers | Asked in Criminal Law for Florida on

Q: obtained cable tv in florida using another’s identity. over year ago. returned equipment but left a bill. person, who

lives in mississippi found out via credit report. can they have cable person arrested in florida and they live in mississippi?

Leonard Louis Cagan answered on Jun 9, 2018

Obtaining cable service by using another's personal information, without permission, is fraud. Leaving a bill unpaid was not smart. Paying the unpaid bill now will not "undo" the crime but it couldn't hurt. Pay it by money order or other untraceable means and hope for the best. If a warrant is... Read more »

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1 Answer | Asked in Criminal Law for Florida on

Q: I wanted to get a grand theft charge that was dismissed in 2007 expunged. It can still be seen even after 11 years

I recently almost lost my job because a client did a background check and was able to pull up a mug shot from 2007 and it ended up on a spam site where they asked for money to remove it even though it was over 11 years old and dismissed. If I had the funds then I wouldn't have accepted it at all... Read more »

Leonard Louis Cagan answered on May 3, 2018

This answer applies if the case was in the State of Florida. If you participated in a Pretrial Intervention Program and your case was dismissed you may be eligible to have the record expunged. First, the case must have been DISMISSED. Second, you will need to review the PTI contract that you signed... Read more »

2 Answers | Asked in Criminal Law for Florida on

Q: Can a person be charged in florida for possession of a firearm by a convicted felon, carrying a concealed weapon

As well as sale of cocaine with a weapon when its all the same weapon

Leonard Louis Cagan answered on Apr 30, 2018

Typically a person can be charged with multiple crimes based on the same actions if the crimes have different elements (or points of proof). Even though the same firearm is involved, the crimes are distinct and so can be charged independently.

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1 Answer | Asked in Criminal Law for Florida on

Q: WILL FLORIDA ARREST ME ON A WARRANT FROM NJ 23 YEARS AGO FOR FAILURE TO COMPLY WITH 15 DAYS OF COMMUNITY SERVICE?

Leonard Louis Cagan answered on Apr 19, 2018

Most warrants can remain on the books forever. Normally a warrant is discovered when a person is stopped for a traffic violation or when there is some other reason for law enforcement to run a background check. The typical procedure when a warrant is found is to contact the issuing agency to... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: An 18 year old is threatening to fight a 15 year old, if action is taken will the 18 year old get charged as an adult?

Leonard Louis Cagan answered on Mar 24, 2018

Defendants are charged as adults based on their age at the time of the offense. An eighteen year old will be charged as an adult if they commit a crime. When a situation like this is known in advance, there should be a way to work out their differences without the need for a fight. Someone needs to... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: my mother-in-law got sentenced in clearwater to a year in the county.does the judge have to give her jail credit

Leonard Louis Cagan answered on Jan 30, 2018

She is entitled to credit for whatever time she spent in custody FOR THAT CASE. Sometimes a person is being held on one case and has bonded out on the case in question. There are ways to avoid that problem that include "off bonding" the person on the pending charge or having the State agree to give... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: My job is 1 county away. Is my CC officer just when telling me i can only work limited shifts to better supervise me?

I transfered recently to sumpter county from lake county where i work. The CC supervisor told me to move back or find a job in this county. I explained that i could not due to my dcf case wich requires me to have a job and i had already done a home study for my new residence. I was recently told... Read more »

Leonard Louis Cagan answered on Jan 16, 2018

I would suggest speaking to a lawyer about the possibility of filing a motion to modify the supervision that you are on. The Court can sign an order allowing a particular Defendant the ability to work in a particular place or particular hours. If the CC officer is not willing to work with you,... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: Police said someone told them they seen my car with my tag committing a committing a burglary but it wasn't my car

They're trying to say they have pictures of my car

Leonard Louis Cagan answered on Jan 11, 2018

A car cannot commit a crime. Only an individual or corporation can do that. I would anticipate a visit from a detective trying to get you to make an admission or to trap you by backing you into a corner. You should retain an attorney and refer any request for an interview to them. You want the... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: (Hypothetical) Does the strength/ability of a victim to defend oneself affect the sentence given to a perpetrator?

For example: this is pretty extreme, but imagine a case where a scrawny midget who has no weapon comes up to a body builder and tells them to give up their wallet, and the body builder gives up his wallet.

Now imagine a sort of mirror case where the roles are reversed and a body builder... Read more »

Leonard Louis Cagan answered on Jan 9, 2018

In this scenario there would be no difference in sentencing. The story might be harder to believe, but the crime is the same. There are crimes where the victim can affect sentencing, (ie. Battery on a Pregnant Woman or the Elderly, Exploitation of the Elderly, Abuse of a Child etc.) This is not one... Read more »

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