Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Leonard Louis Cagan
3 Answers | Asked in Criminal Law for Florida on
Q: Can FL state attorney change charges based on new lab results before trial?

In Florida, my case is set for trial. The original charge was for synthetic Cathinone, based on a positive field test by an officer. However, recent lab results from the FDLE show it tested positive for cocaine instead. Can the state attorney change the charge from synthetic Cathinone to cocaine... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 1, 2025

The basic answer to your question is that the State Attorney can amend the charge at any time including during a trial until the case is given to the jury to deliberate. If the charge is amended, the State Attorney will need to Arraign you on the new charge. They do not need to rearrest or re-book... View More

View More Answers

4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 19, 2025

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: What happens if I violate probation in FL by leaving the state?

In Florida, what can I expect after violating my probation by not meeting my probation officer and leaving the state without permission? I have been on probation for about three months, had a prior violation for an additional charge that was later dropped, and left because I did not have anywhere... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

I would recommend contacting a local attorney familiar with the court that your case is in. If you leave the state and do not continue to report, you will be deemed an absconder and will probably face incarceration.

I would not relish having to always look over my shoulder waiting to be...
View More

3 Answers | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Bond issue between Polk and Hillsborough Counties, FL.

I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Discrepancies in Jail Credit Days and Records. What needs to be done?

I am seeking information on behalf of a friend currently incarcerated. While reviewing their case documents, I discovered discrepancies in the judgment and sentence documents, as well as inconsistencies in the case information provided through the Miami-Dade Clerk of Courts' Criminal Justice... View More

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

The question you ask is best answered by the attorney who handled the case because it is more complicated than you might think. Credit is typically given based on time spent in jail after arrest for a specific case. If two cases are handled together, they may still have differing amounts of credit... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Walmart loss prevention made me sign a paper

Walmart loss prevention made me sign a paper trespassing me not alowing me to come back for 2 years police was in the room but t I don’t think they charged me with anything

If the police didn’t give me anything was I not criminally charged and just the store saying for me to not come... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

You will need to speak to a local attorney. A Walmart employee is authorized to request that you be trespassed from their store. If you signed it and agreed, then you cannot go back to the store because you have been warned. This does not necessarily mean that you are not being charged. Law... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If I just hired my attorney and paid them in full then week later the state drops charges do they still keep my money

The state dropped on their own noticing that it would not hold up in trial no information

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 12, 2024

These types of situations do happen, but I would point out that it is often impossible to know that the State would have dropped the case without you retaining an attorney. There may have been discussions between counsel and the State or engaging an attorney may have made the State realize that... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can you be arrested for throwing a cigarette on the ground

I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 3, 2024

I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 30, 2024

A restraining order will be governed by the wording of the order. Usually that relates to some restraint on the Respondent or the person who the order was "sought against." As the previous attorney noted. if you are unsure what the order means you should consult an attorney.

You...
View More

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: My pti specialist told me when I payed for my last drug screen and received the results that I would be done

I asked her how I would know I’m done but I get no answer , do they send a letter that I finished or call?? How does the completion process work ?

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

Although PTI is fairly standard statewide, it is governed by local practices and the original written agreement. The agreement usually has a specific timeframe but may allow for early termination of the PTI if all of the conditions are completed. The entity that is charged with supervising the PTI... View More

2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

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

If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

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

PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.