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Questions Answered by Leonard Louis Cagan
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
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... 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
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
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
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 »

2 Answers | Asked in Criminal Law for Florida on
Q: My fiancée was arrested for a vop for things That were falsely reported against him and can't prove it what can i do

I am not trying to defend him myself i am fully disabled my fiancée is my legal representative and has power of attorney for me i am trying to see about getting a lawyer willing to help me

Leonard Louis Cagan
Leonard Louis Cagan answered on Jan 9, 2018

The best advice I can give is to consult an attorney. Please remember that a VOP is tried before a judge and has a lower burden of proof. In addition to the above, if you are doing to defend against an affidavit alleging a VOP you must be able to defend against ALL of the stated violations unless... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: My question is how can a charge of burglary of an UNOCCUPIED dwelling be considered a "PRR"?
Leonard Louis Cagan
Leonard Louis Cagan answered on Dec 27, 2017

Burglary of a Dwelling qualifies as a "Designated Felony" under Section 775.082 which is the PRR statute. There is no requirement that the dwelling be occupied. Occupation only comes into play if you are dealing with a structure other than a dwelling. The PRR statute will trigger a... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I was arrested in FL 15 yrs ago and elected Deferred adjudication. Can I get this removed from my record? I live in TX.

It was a misdemeanor, retail theft under 100. I have nothing else on my record in any state.

Leonard Louis Cagan
Leonard Louis Cagan answered on Jun 6, 2017

To adequately answer this question I would need additional information. There is no concept called deferred adjudication in Florida. Florida does have what is called a Withhold of Adjudication when the judge does not formally adjudicate a defendant guilty. Although it does result in a defendant... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: MOTION TO/FOR: FOR DOWNWARD DEPARTURE SENTENCE - what does this mean exactly in human terms, not lawyer terms.
Leonard Louis Cagan
Leonard Louis Cagan answered on Jun 3, 2017

In the State of Florida, felonies are sentenced according to a Criminal Punishment Code Scoresheet. If a defendant scores above a certain number of "points" then a prison sentence becomes mandatory. There are specific reasons that the legislature has laid out that a judge can use to... Read more »

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