Lawyers, Answer Questions  & Get Points Log In
Florida Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Florida on
Q: Is it legal for a LEO to administer narcan and advise the person is free to go with no further medical treatment?

Also, shouldn't CPR have been attempted first before giving narcan?

2 Answers | Asked in Criminal Law for Florida on
Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that

State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Yes, the prosecution has the burden of proving the amount by a reasonable doubt. It can be subjected to weighing.

View More Answers

0 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: If juror admits to being a victim of same crime she was selected to deliberate...is this actual bias?

Juror stated that her assailant was never prosecuted and that she felt like the system let her down.

1 Answer | Asked in Criminal Law for Florida on
Q: My wife is an alcoholic, and she continually drives our car under the influence. What can and should i do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2022

Report her to the police.

0 Answers | Asked in Criminal Law for Florida on
Q: Hello, I am currently charged with conspiracy. I was told I would only get one plea and I have to accept it immediately

After accepting immediately I only have one month and then I have to go turn myself in. If I am not a flight risk, first offender etc, can I have additional time to accept my plea?

1 Answer | Asked in Criminal Law for Florida on
Q: When a person is deemed incompetent through a judge, does that mean that they have to let them go ROR if currently incar

My son is in jail for violation of an injunction for the second time, however there is a motion to dismiss the injunction. Also he had a compentency test and it stated he was unable to stand trial or enter a plea

Jeremy Lasnetski
Jeremy Lasnetski answered on Jan 21, 2022

A judge does not have to, and often won't, release a person who has been found incompetent to stand trial. Typically, that person will be sent to a hospital to be treated. This is called involuntary commitment and is authorized under Florida Statute 916.13, which lists the factors required... Read more »

0 Answers | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: My boyfriend in prison he has covid do I need a lawyer

My boyfriend was rushed to a hospital with covid it’s no medical release on file nobody telling his family anything we in the blind on how we doing the are refusing phone calls and not allowing us to know anything about him do I need to get a lawyer to get information on him or what it’s been... Read more »

0 Answers | Asked in Criminal Law for Florida on
Q: On the 13th of January my daughter borrowed my truck for 2 days , as of now she still has my truck with out

She works for a nursing agency I've called and notified them to what she did , there allowing her to work with their patients in my truck she stole, do I have a case?

0 Answers | Asked in Criminal Law for Florida on
Q: I got two felonys for dumpster diving
1 Answer | Asked in Criminal Law for Florida on
Q: Can the PDs office represent me on a case and also represent my child's father on a separate case where I'm the victim

This is in Florida

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 16, 2022

It is likely a conflict of interest for the same PD Office to represent you on one felony charge and to attack your credibility on another felony charge where you are the complaining victim. You could advise the PD assigned to your case about this situation. That PD should recognize the conflict... Read more »

0 Answers | Asked in Criminal Law for Florida on
Q: If I am on felony probation and judge has granted me permission to travel statewide without notice can I stay overnight?

Judge granted me permission to travel statewide (Florida) without notice for personal and business reasons. Am I allowed to stay overnight at other places within Florida without notice as well as part of this permission? Or do I have to ask my probation officer for permission to stay anywhere... Read more »

0 Answers | Asked in Criminal Law for Florida on
Q: 893.13(6)(a) armed possession of a controlled substance it went from possession of a third-degree felony how?

Regarding a dispute upon arrival I located one of the vehicles search of revealed he had multiple warrants out of the state of Georgia we detained the arrest in order to verify the warrant and prior to pricing him into the patrol car search him this is a different police officer now but same report... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I need someone to help my wife get her good time. She's is incarcerated, she needs a lawyer to put in for her good time.

She's recently she's incarcerated at Metro West and if her good time was put in she will get out in 2 months

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Gain time or "good time" is generally automatically calculated by corrections. You should not need a lawyer or a motion for this to happen.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Police came an executed a death with warrant and had wrong address. Is it a legal search?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

The police executed a death, with a warrant; what do you mean? They had a search warrant, and someone died in the process?

2 Answers | Asked in Criminal Law for Florida on
Q: An individual that hired me to paint his house has filed a false report against me with local, state, fed. What can I d

The guy is claiming that I broke into his house with his girlfriend who was not aloud in his house and stole things and installed a bomb in his attic. He also claimed that I am sidelong with his girlfriend and her and I work together to under mine him whatever that means. Its all lies and the guy... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 12, 2022

Hire a competent lawyer...and don't have any further communication with this man...Document everything regarding this matter.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: What would happen to you if you make an affidavit to confess that drugs found we're yours and not the persons in jail?

My friend is being charged with multiple counts of possession of a controlled substance that was his boyfriend's. They were together when the drugs were found next to my friend. His boyfriend was free to walk and bow is now making an affidavit stating that the drugs were his and not my... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

He could very well get in trouble when he turns in the affidavit. Another term for an affidavit where a person says they committed a crime is a "written confession." He should consult with a criminal defense attorney before he does anything like that.

0 Answers | Asked in Criminal Law for Florida on
Q: Is it criminal to text that u want somebody dead

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.