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Questions Answered by Leonard Louis Cagan
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... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

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... Read 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... Read 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... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If you state you want to take it to trial. When is it to late to change your mind. My nephew goes to trial next month.
Leonard Louis Cagan
Leonard Louis Cagan
answered on May 9, 2022

Technically a person can change his/her plea at any time before the jury returns a verdict. However, different courts may have different ways of doing things. Some courts may deem any offer from the State as revoked if not accepted before setting a case for trial. To avoid this, it may be necessary... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I was sentenced to 10 years for a violation of probation and 10 years on a new law violation ran concurrent.

I have 6 years time served on the probation case, I violated my probation with a new law violation and was sentenced to 10 years for the violation of probation and 10 years for the new law violation, ran concurrent. When my gain time sheet was given to me it said I had a fresh 10 years. Aren't... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 23, 2022

Unfortunately, no. You will receive credit for the six years time you served - only on the related case. You will receive credit on the new case for any time you were in jail pending the resolution. Concurrent means the sentences runs together at the same time. It does not mean that the sentences... Read more »

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...
Read more »

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...
Read more »

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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