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Questions Answered by Leonard Louis Cagan
2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 13, 2021

In addition, you can be charged with two batteries if there are two separate victims if it occurs during the same incident. I agree that you should consult with an attorney. A battery can be enhanced to a felony if you have a prior battery and that should be avoided if at all possible.

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1 Answer | Asked in Criminal Law for Florida on
Q: What happens if your criminal conviction is overturned and the statute of limitations has expired. Can you be retried?

Habeas Corpus may overturn my conviction. I want to know if you can be re-prosecuted if the statute of limitations on the underlying criminal act has passed. Please cite at least one example of case-law.

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 12, 2021

The Statute of Limitations is satisfied when the charge is filed. The case does not need to be completed, it just has to be brought and any warrant executed or charge filed.

1 Answer | Asked in Criminal Law for Florida on
Q: What is the procedure for representing one’s self (pro se) as a defendant in a criminal case (Florida)?
Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 6, 2021

You will be required to follow all of the same rules that an attorney would be required to follow. A Pro Se defendant does not get special treatment. You will need to:

1. Let the court know you intend to represent yourself

2. Register for the E-filing portal

3. Draft and...
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1 Answer | Asked in Criminal Law for Florida on
Q: Is it possible to transfer community control from Florida to another state, Idaho, if I have a job offer/stable living?

I have one year of community control in Florida, my fiancé lives in Idaho, we have a stable drug free house and I have a job offer in Idaho. My charge is non violent and it’s my first time ever being in trouble.

Leonard Louis Cagan
Leonard Louis Cagan answered on May 3, 2021

Typically Community Control cannot be transferred to another state because it is a function of DOC probation that does not exist in any other state. A transfer would probably necessitate a modification of the sentence to regular probation that would qualify for transfer under the Interstate Compact.

2 Answers | Asked in Criminal Law for Florida on
Q: If someone is Noelle prosequi do they get released from jail?
Leonard Louis Cagan
Leonard Louis Cagan answered on Apr 25, 2021

In general a "Nolle Pros" means that a case was dropped. As mentioned by the above attorney, that will usually result in a release from custody on that case. The exception to that is if a case is nolle prossed in order to refile the case in a higher or lower court. (i.e. misd. to felony... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: In a felony burglury case in Florida, Hernando County on the docket my case has filed, State Motion to RCO?

I do not understand what the States Motion to RCO stands for

Leonard Louis Cagan
Leonard Louis Cagan answered on Dec 16, 2020

RCO in Hernando means Re-Commitment Order. This is typically filed by the State Attorney when a person who is out on bond commits a new offense, thus violating their bond conditions. RCO's if granted result in the bond being revoked on the original case and a No Bond status being instituted.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: if you admit to doing an act after they already got someone for it (petty theft) can you still get in trouble for it?

my son (15) stole a Trump flag and his 18yr old friend got cited (petty theft 2nd degree 1st offense) for it. Now the friend wants my son to sign an affidavit admitting that he did it so this friend can take it to court. Can my son now get in trouble for it months later?

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

If you admit to a crime you can be prosecuted for it unless the Statute of Limitations has run. The State will have to have evidence that a crime occurred before that admission would be admissible. You never want to see an innocent person prosecuted for something they didn't do, however your... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If I have an open case but caught another charge an my bond was revoke would i be able to get another bond
Leonard Louis Cagan
Leonard Louis Cagan answered on Nov 9, 2020

In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an... Read more »

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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