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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal to be charged for the same charge in two different states
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Nov 4, 2024

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

0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: do I have to schedule a hearing after I file a motion to show that the state attorney took longer then what the judge ga

longer then what the judge gave them to proceed forthwith with criminal charges on violations of a domestic violence injunction case ?

and do I have to notify the other party in the injunction case of the hearing even if the violations are filed separately in another case. by themselves

1 Answer | Asked in Criminal Law for Florida on
Q: Looking for a pro bono lawyer to help my 78 yr old husband who has a felony and get it expunged before he dies.

Here is the story: Robert picked up his dry cleaning and it was damaged, so he did not pay the store. The owner filed a suit against him. He went to court and the judge said "this is a felony?" and sure enough it was. He is a Vietnam veteran with 2 purple hearts, he has also gone... View More

Nicholas J. Dorsten
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Nicholas J. Dorsten
answered on Oct 31, 2024

I am sorry to hear about your issue. Please consider calling a few Pinellas lawyers who can consult with you and see if it is possible.

We are thankful for his service and best of luck.

Nicholas Dorsten

727.286.6141

2 Answers | Asked in Criminal Law for Florida on
Q: If I’m on pre-trial intervention and have no prior convictions can I still vote in bay county Florida
Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

I assume since you have been approved for a Pretrial Diversion program, you certainly do not have any criminal history that would prevent you from voting.

Educate your self about the candidates and vote !

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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0 Answers | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Can a handyman get in legal trouble for insurance fraud if a home owners uses their name/business without them knowing?

So my husband is a handyman. An insurance fraud agent has showed up on our doorstep and wants to speak with my husband and says he has some documents. So he showed up and said that my husband performed work for this client and there is a payment receipt to prove it. However he had insurance... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Is the consent to search form supposed to be signed by the owner (only)of the car if their car is part of a crime scene?

Can you use that as new discovered evidence, being that you was wrongfully incarcerated from planted evidence?

1 Answer | Asked in Criminal Law for Florida on
Q: Could you tell what are the responsibilities when a state prosecutor is involved with a criminal case?
Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

As a former prosecutor in Pinellas County for 15 years, my function was to thoroughly investigate all criminal cases referred to the office by law enforcement and determine whether a prosecutable case existed and what was the likelihood of obtaining a conviction. The prosecutor's function is... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Walmart loss prevention made me sign a paper

Walmart loss prevention made me sign a paper trespassing me not alowing me to come back for 2 years police was in the room but t I don’t think they charged me with anything

If the police didn’t give me anything was I not criminally charged and just the store saying for me to not come... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

You will need to speak to a local attorney. A Walmart employee is authorized to request that you be trespassed from their store. If you signed it and agreed, then you cannot go back to the store because you have been warned. This does not necessarily mean that you are not being charged. Law... View More

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How to follow-up after filling an a battery report?

I'm a Lyft driver. last may I got bunched in the head multiple times by a rider because I asked her not to eat in my car!. Everything was on camera. I called the police after she ran away, filled a report in Orlando, fl but couldn't give them the driver's information because Lyft... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

I'm sorry you’re going through this. Start by visiting the police station in person to speak directly with the detective handling your case or ask to speak with a supervisor. Bring all relevant information, including your report number and any correspondence you've received.... View More

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0 Answers | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Can I get a 6-20 adjusters insurance license in Florida with an expunged record?

Can I get a 6-20 adjusters insurance license in Florida with an expunged record? I was arrested back in September 2017 for shoplifting (3rd degree felony grand theft); I was offered a PTI program and took it, finished the program and disposition was Nolle prosse - Comp PTI. I was also able to... View More

0 Answers | Asked in Criminal Law for Florida on
Q: Is there a way to get out of prison faster in a case where someone was stabbed but the person didn't die?

Can someone who is going to be deported not apply for parole? Or is there a way to get out of prison faster with a case of stabbed someone but the person did not die?

I am from a different country but I have a friend who is in prison and I want to know if he can get out of prison faster.

1 Answer | Asked in Copyright, Criminal Law and Libel & Slander for Florida on
Q: Road Rager - Florida - Positing it online

I had to deal with a brake checker (road rager). Captured it on my dashcam. I contacted the police, but they weren't interested. So I want to post it online to Youtube. In this video, I want to include the person's face along with their license plate (both still images added into the... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

When sharing footage of another driver’s behavior, it’s important to consider both legal and ethical implications. Displaying someone’s face and license plate can raise privacy concerns, even if the incident occurred in a public space like a highway. Florida law allows for recording in public... View More

0 Answers | Asked in Consumer Law, Criminal Law, Family Law and Animal / Dog Law for Florida on
Q: I am wondering what the best route would be to handle a veterinary malpractice issue concerning my dog.

My dog, Conor, was rushed to the emergency veterinary office on September 26th, where X-rays revealed that something was in his abdomen but they were not able to identify what it was. They recommended exploratory abdominal surgery, which we agreed to and Conor had surgery the next day. The... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

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