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Questions Answered by Ralph Behr
2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: Can police charge the passenger of a vehicle for drugs found in this situation?/Is this sufficient for a wiretap warrant

I was sitting a parked car in the passenger seat of a vehicle with the car keys in my lap. while the driver was inside an apartment. I fell asleep, and I woke up to police. They pulled me out and searched. I had nothing on me but they found "7 or 8" OZ of heroin or meth, a lot of both,... Read more »

Ralph Behr
Ralph Behr answered on Aug 18, 2019

Yes you could have been arrested. If an officer is in a place where he has a legal right to be ("plain view" test) and he observed a controlled substance and you he could have arrested you. Although proximity (being in the same place) is not enough to convict you of possession... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I’m in federal jail already been sentenced I also have to do state time can I be transferred to state and return to FED

Would they transfer me back to federal jail. Also I’m from California and would like to be transferred there after finishing state time to halfway house or sober living . I have 8 months more to do Federal have already done 4 months .

Ralph Behr
Ralph Behr answered on Aug 12, 2019

No. The Federal Bureau of Prisons will not release you to serve a State sentence until you have completed your federal sentence. Important! State's differ but contact your trial attorney in State Court and ask him to have the State serve you with a State warrant: this way you are certain to... Read more »

3 Answers | Asked in Criminal Law for Florida on
Q: My freind was arrested charged with drunk driving. He was not driving his car was broke down in the bar parking lot he c

was there working on the car an anonymous call call the police when they got there he was passed out in the car put the keys in the passenger seat floorboard the car would not even start he had gotten a ride there to work on it I have affidavits from people at the bar the owner of the bar... Read more »

Ralph Behr
Ralph Behr answered on Aug 8, 2019

Go to trial. At trial the prosecutor has to prove that the automobile was a functioning automobile. If in fact it was not capable of being operated on the street then you can argue to the jury that the State has failed to meet its burden of proof. At the conclusion of the State's case your... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I was arrested for misdemeanor theft in the Villages Florida July 15. I was released on bond. can I fly home to Ohio?
Ralph Behr
Ralph Behr answered on Aug 1, 2019

Read your bond conditions. Standard conditions of pre-trial release on bond require attendance at all court proceedings. You can file a waiver under the Fla.R.Crim.Pro to be excused from attending all non-critical hearings which are hearings where your constitutional rights are not at issue.... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: I was sentenced for a DUI . I caught a trafficking charge related . Can the trafficking charge be dismissed ?

I was sentenced to dui and speeding upon the same act I caught a trafficking in cocaine charge which is still pending . Can the trafficking charge be dismissed because of double jeopardy ?

Ralph Behr
Ralph Behr answered on Aug 1, 2019

Double jeopardy in Florida is best dealt with a motion to dismiss. This is the only way you can obtain a determination from a judge discharging (dismissing) a criminal charge. Double jeopardy issues are fact specific, that is it is based on what occurred, or did not occur, in your situation. A... Read more »

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1 Answer | Asked in Criminal Law for North Carolina on
Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?

I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.

Ralph Behr
Ralph Behr answered on Aug 1, 2019

Look at the ticket or Notice to Appear. File a written plea of not guilty in the case and you will get a court date. Next, file a motion for a plea in absentia and to appear pro se (without an attorney). You can go online and find a pleading to enter but only after the judge approves your motion... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Federal Crimes for Florida on
Q: How to move court for Evidentiary hearing to attack validity of forged mortgage, Florida
Ralph Behr
Ralph Behr answered on Aug 1, 2019

If the document was filed in a court proceeding and it is provably a counterfeit or fraudulent document the correct thing to do is contact a police agency and a criminal investigation will be undertaken. If a judgement was secured in the underlying mortgage civil action then the correct thing to... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: If the offender dies, does his lawyer release him from restitution? If so, what forms need to be filed?
Ralph Behr
Ralph Behr answered on Aug 1, 2019

Restitution is collected by the Department of Corrections and then paid to the person or party to whom the trial judge awarded a restitution payment. If a defendant dies and there is an unpaid restitution amount the attorney should file a Suggestion of Death with the Court. Once the judge makes a... Read more »

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