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Questions Answered by Leonard Louis Cagan
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... View 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... View 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... View 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,... View 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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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If you have a failure to yield ticket with injuries you have out of state license which state do you pay penalties for?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 8, 2020

I agree that you must be aware of any impact the payment of the ticket may have on your driving privilege in the state which issued your license. The ticket is of course payable in the county in the state where the offense took place.

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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... View More

4 Answers | Asked in Criminal Law for Florida on
Q: Can you have a disorderly conduct with probation record from 2014 expunged if you had a cannabis charge expungemen at 19
Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 11, 2020

I agree with the prior answers especially if the prior expungement was as a adult.

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3 Answers | Asked in Criminal Law for Florida on
Q: Hello, I'm a fugitive from Florida for a case in Dade County, 1997. Please advise if Justia can help.
Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 13, 2019

I suggest contacting an attorney in Dade County to review the facts to see if there may be a Motion to Dismiss for Statute of Limitations. Absent that, there may be a chance that an attorney can negotiate a resolution to the case without a surrender to jail. That is likely to be difficult or... View More

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3 Answers | Asked in Criminal Law for Florida on
Q: What happens at a Judge's Pre-Trial Hearing
Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 3, 2018

Typically a Pre-Trial Hearing is a Judge's way of checking on the status or progress of a case. I say "typically" because every judge is different and it is very important to know your judge. For some judges it may be the last court date before the case is set for trial. This may... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: I got caught shoplifting some algea killing supplies first offense

I got caught shoplifting some algea killing supplies worth about 27 dollars, I have really had algea build up around my pool which is spreading to my house and Air condition drain lines, i was low on funds and was buying a cheap dinner when I saw some algea killer and when i realized i couldnt... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 23, 2018

Ask the court to appoint a Public Defender. You may qualify for some sort of diversion program.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: FIRST COURT NOTIFICATION SAID: Event VAR scheduled FOR, NOW CHANGE TO: Event CM scheduled...What VAR and CM, means?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 11, 2018

Typically VAR is Clerk's Office shorthand for Violation Arraignment. CM, I'm not so sure. I would recommend call a local attorney who is familiar with local custom.

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3 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why do I have a Battery arrest on my juvenile record, but wasn't ever arrested?

Was back in 2004. I am 26 now and about to be 27. I was in the military and got out with a honorable discharge. I recently applied to corrections here in Florida. My background came back and said I have this on my record? The situation occurred when I got into a fight with another juvenile after... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 7, 2018

I agree with the previous answers. The only thing I would add is that you may want to ask the employer for a copy of the background check the used to process your application. This information may be helpful to any attorney you may hire to assist you.

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2 Answers | Asked in Criminal Law for Florida on
Q: Domestic dispute /State pressed charges. Questions?

If there was a domestic dispute and a third party showed up and called the cops, they arrested one of the parties involved in the fight and pressed charges. Even though the victim didn't want charges pressed. Can the charges get dropped? Or lowered to a misdemeanor?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 30, 2018

The decision of whether to file charges in a case is a function of the State Attorney's Office. The victim in a case certainly has input, but only a prosecutor can drop a case. The same goes for whether a charge is changed to something lesser or an agreement is entered into to allow a plea to... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: What does it mean DISP DISMISSED other than it being dismissed... Does that mean the charges dropped

Does this also mean that the case is closed

Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 15, 2018

TYPICALLY it means that the case is dropped. Please do not rely on this forum for specifics to your case. CONSULT AN ATTORNEY. Occasionally a case may show this if a charge is dropped in one court and refiled in a higher or lower court. The fact that a charge is dismissed does not necessarily mean... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: What does it mean when it says DISP Dismissed ?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 15, 2018

As was previously said, it typically means that the case was dismissed. I would recommend contacting a local attorney to see if you might be eligible to have the case expunged.

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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested in 1999, 2011 and one month ago. Can my past be used in sentencing in the state of florida
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 15, 2018

Past cases can be taken into account in sentencing. If your question relates to felony scoresheet calculations specifically, a conviction is not required. (ie. withholds count) Juvenile convictions can "drop off" of your scoresheet in time as can adult charges if your last case is more... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: I was wondering will I have a bond when I go to jail and turn myself in?

The felony probation is out of county and I have a warrant for three misdemeanors. Everyone keeps telling me I will still have a bond and just need to report to the probation officer afterwards if I am able to bond out. I’ve never violated and i don’t really know how the process will go so... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 24, 2018

Every county handles their Violation of Probation bonds in their own way. The rules do not guaranty you a bond on a violation. Some counties issue VOP warrants with bonds and some do not. It is important that you speak to an attorney who practices in the county where the case was originally filed.... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: son 13 charged with robbery in Orlando florida he took a iPhone x its his first offense
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 9, 2018

Robbery is usually the taking of property by force or threat. It is a very serious charge that can have long lasting implications, even if charged as a juvenile. It would be wise to hire him an attorney who can review the facts and negotiate a workable outcome.

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