Your first steps are to get a criminal defense lawyer and show the lawyer the evidence you have. I assume you are saying it was OK to dump on your friend’s property. You might want to check the local city or county code to see if the action would have been OK if you had been where you thought you... View More

You don't indicate which State or federal court this took place in. You could start by contacting the clerk for that court to see obtain copies of the sentencing documents. You may not have been "convicted" in a way that would deprive you of your 2nd Amendment rights. In Florida, you... View More

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial,... View More

Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially... View More

I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More

The maximum sentence at the time of offense controls. Since PRR does not increase the maximum sentence, the maximum sentence was probably life. However, the PRR classification created a mandatory minimum sentence of life. Your defendant may be entitled to a motion to correct sentencing error,... View More

Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the... View More

You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come... View More

You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More

Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due... View More

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

You are writing about someone else. It's not clear what you are asking for. If these allegations are true, your friend could file an internal affairs complaint against those officers involved. The IA investigation would require her cooperation. Most agencies do not authorize turning off body... View More

Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More