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Questions Answered by Robert Edward Heyman
1 Answer | Asked in Criminal Law for Florida on
Q: Police bust my house and search warrant was not signed by police or judge is this legal?

My daughters house was busted on 4/21/2011 alledging her with 25 other ppl of conspiracy to traffic in 28grams or more of pills.and unlawful use of a two-way device. they had no warrant and the warrant left at premises was not signed by the police nor judge. 13 ppl on case has been released without... Read more »

Robert Edward Heyman
Robert Edward Heyman answered on Nov 17, 2011

You raise a number of issues in your question. First of all, only the Judge's signature needs to appear on the warrant. The police officer who provides probable cause must sign an affidavit establishing probable cause. That affidavit should be attached to the warrant. While the warrant left at... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Do all conditions of probation have to be written in the judgment? - specifically "do not commit any violation of law."
Robert Edward Heyman
Robert Edward Heyman answered on Nov 17, 2011

This is a standard condition of probation as required by Florida Statute 948.03 and takes effect without the need to be pronounced at the time of sentencing.

1 Answer | Asked in Criminal Law for Florida on
Q: With the Felony murder rule,useing 3rd burg of unoccp struc,can they find you guilty of 1st pre med murder from a car ac
Robert Edward Heyman
Robert Edward Heyman answered on Nov 17, 2011

You are confusing the two ways in which a person can be convicted of 1st degree murder. Any degree of burglary can support a conviction for felony murder (ie. a killing which which is NOT premeditated). I assume from your question that an accident occurred during the criminal episode in which a... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can an undercover officer buying stolen goods ask for guns and entice an individual to get the guns by offering money
Robert Edward Heyman
Robert Edward Heyman answered on Nov 17, 2011

I'm assume that your question involves whether this behavior by the undercover officer constitutes "entrapment". The answer is no. The burden to prove entrapment under Florida law is a heavy one. Merely offering to purchase guns from an individual for cash is not enough. Your... Read more »

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