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Florida Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Bond/Bond hearing, or possible deals that could be offered.

My daughters dad was recently arrested after our county’s felony probation officers Searched his home & car on 4/20.

He had been on felony probation since beginning of 2023, They most recently charged him with intent to sell, and possession of marijuana, Prozac (which is prescribed... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If a defendant is given a retrial due to ‘erroneous jury instructions’, could they still present other issues (cont’d)

that went wrong in their previous trial to the court?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

In general, yes. A retrial means the trial is done over, so the defendant could try to prove matters that could have been presented in the first trial.

1 Answer | Asked in Criminal Law for Florida on
Q: Does a defendant still have the right to exercise their fifth amendment right to face their accusers in a retrial?

Even if they have old transcripts?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Not if a witness is unavailable and the defendant had the opportunity to cross-examine the witness in the first trial.

0 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: I'm looking for someone to take my girl friends case we paid her lawyer 15,000 dollars he passed away mid way proceeding

It's a drug trafficking case she has 3 felonies and two misdominors. Who do I contact she only has 5, 000 . But the case is almost to plea bargaining.

1 Answer | Asked in Criminal Law for Florida on
Q: Grand theft auto charge for renting a car without a reservsation florida?

I went to the airport for a last minute car rental, but it was 1 AM are the only lots that were open was enterprise. I rented with enterprise and national in the past and because I was a elite loyalty member I am able to skip the counter and pick a vehicle and pay for my car rental at the gate when... View More

Michael Celso Gonzalez
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answered on Apr 25, 2024

I would have to see the agreement that makes you an elite member. The fact that you might be able to establish that you have done this numerous times in the past would demonstrate that there was no criminal intent whatsoever. You can reach me at 813-221-4303 to discuss, thank you.

0 Answers | Asked in Contracts, Criminal Law, Business Law and Insurance Bad Faith for Florida on
Q: If I disobey , what will happen? Will I go to jail?

I work for the major insurance company named GEICO. GEICO has a non-compete agreement that I had to sign as a condition of my employment at GEICO. The agreement specifically states that I can't use GEICO's leads for my own personal reasons. I also own a life insurance agency on the side.... View More

0 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for Florida on
Q: WHAT PLEAD IS APPLICABLE WHEN WRONGFULLY USHERED THROUGH LITIGATION DISPITE PROVING POL/PRO MISCONDUCT & VODP

AFTER HAVEING PD AND PRIVATE ATTORNEY DAMAGE MY CASE AND LIE TO ME I WENT PRO SE AND STUDY NIGHT AND DAY TO LEARN HOW TO FIGHT A FALSE CLAIM ILLEGAL ARREST MY RIGHTS TRAMPLED DEFAMATION OF THE WORST KIND DUE TO A CRIMINAL CASE IM BEING PROSECUTED IN, IVE BROUGHT ENOUGH EVIDENCE FOR THE OFFICER TO... View More

0 Answers | Asked in Criminal Law for Florida on
Q: In a retrial, would someone still have the right to exercise their 5th amendment right to face accusers?

Even if old transcripts are still being used in the retrial?

0 Answers | Asked in Criminal Law for Florida on
Q: I was arrested on a warrant for a fail to appear for a trespass warrant. I've never been trespassed

On the morning of my arrest they were at my neighbors home searching for me My neighbors address is on the warrant. My neighbor told them that they were at the wrong address. So all the supposed notices and documents were sent to my neighbors. Later that afternoon, They realized they had the wrong... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
James L. Arrasmith
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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0 Answers | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Is it legal in Florida for 1 party to record a phone conversation but forbid the other party from recording it?

I am in a dispute with my Florida medicaid managed care plan over getting care authorized for a recent cancer diagnosis. After complaining to the state, the state sent the complaint back to the plan which assigned me an RN case manager. She refuses to communicate via email, insists on communicating... View More

2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More

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0 Answers | Asked in Criminal Law for Florida on
Q: How long does it does it take for a defendant to be transported after a motion to transport was filed to deal w/ vop

Defendant is in Tampa needs to be transported to Miami for a VOP…motion was put in last week defendant has been sitting in Tampa for a month issue in Tampa was resolved 25 days ago Miami still hasn’t picked him up

1 Answer | Asked in Criminal Law for Florida on
Q: Under ‘Hearsay’, can the State use the testimony/transcripts of a deceased person in a retrial?

And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?

*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2024

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

0 Answers | Asked in Criminal Law for Florida on
Q: My child who has an IEP/504/BIP, was arrested for simple assault.

As per the allegation, she allegedly told a school employee "I'll f- you up" This was taken as a threat (per the police report that was taken 6 days later). The incident was not reported to the school, nor did she receive a referral for this allegation. Important to note that on her... View More

0 Answers | Asked in Criminal Law for Florida on
Q: For felony probation, I need a pro se motion to ask the Judge for permission to take a Caribbean cruise.

My probation officer is ok with the trip.

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