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Questions Answered by Leonard Louis Cagan
2 Answers | Asked in Criminal Law for Florida on
Q: MOTION FOR CONTINUANCE DEFENDANT ___ JOINS THE STATE. What does this mean ?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Nov 14, 2023

If you are not sure what is happening i would suggest discussing it with your attorney. There can be many reasons to continue a case that can be helpful to you. It is impossible to guess at such a reason but if you have questions talk to your lawyer about it.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can you fight a warrent

I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 6, 2023

Depending on the jurisdiction, it may be possible to engage an attorney to approach the Prosecutor's Office about having the warrant withdrawn. An obstacle may be whether a prosecutor has been assigned to the case. Your attorney can determine who sought the warrant and approach that person.... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: Can you get a child abuse felony expunged from your record
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 9, 2023

Whether a case can be expunged has more to do with what the outcome of the case was than what the charge was. If the case was dropped, you will have a better shot. If the outcome was a withhold of adjudication it would require a sealing for ten years if you are even eligible. That is dependent on... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Florida on
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft

Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.

A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 24, 2023

I agree with the first attorney's answer. Deal directly with the police. In addition, go directly to your post office and speak to the Postmaster. They can verify any claims. Also, if your mail is being stolen you may need to invest in a locked mailbox or register for a small post office box... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get my court cost and fines waived?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 14, 2023

Typically no. Some judges will allow fines and court costs to be entered as a lien against a Defendant. Some judges will allow a Defendant to perform community service in lieu of some of the obligation. This would typically need to be requested by the filing of a motion or it could be specified as... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Identity Theft for Florida on
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?

My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 11, 2023

The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How can we get the state to reduce a charge of burglary with battery?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 10, 2023

There are typically two ways to have the State agree to reduce a charge. (1) Your attorney can negotiate a reduction as part of the plea negotiations or (2) Your attorney can point out to the prosecutor issues as it relates to a lack of evidence to prove all of the elements of the alleged crime or... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 16, 2023

This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can you be charged with soliciting a prostitute weeks after the encounter
Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 27, 2023

The answer is yes. Without knowing the details, a charge that comes later is likely - especially if the police are using a Confidential Informant or undercover officer. This is often done to try to protect the identity of the person used. The charge must be brought within the Statute of... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View More

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