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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: I recently got a felony for drug possession last march and have been going to probation every month and now taking Petit
Michael Rubin
Michael Rubin
answered on Jan 13, 2025

I have no idea what you asking because the question is incomplete

2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Florida on
Q: I left the scene of an accident due to my wife's medical health emergency. Now the FL police are calling for for me

Hollywood FL police are calling it took place in hallandale FL what do I do now

Michael Rubin
Michael Rubin
answered on Jan 12, 2025

be honest with them and tell them you were in the midst of an emergency so they can verify this

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1 Answer | Asked in Criminal Law for Florida on
Q: Should I sign a admission of guilt sheet if I failed a UA for probation

I'm on felony probation in the office I wouldn't admit to anything but they said they will send to lab

After leaving probation I messaged my PO and was honest with her. Her response was I have today only to come sign a admission of guilt sheet

Michael Rubin
Michael Rubin
answered on Jan 10, 2025

I would need to know more facts, for example, if this is the first potential violation, and the status of the remainder of the remaining terms and conditions, because there is some recognition of those who falter along the way as long as they seem to be on the right path

0 Answers | Asked in Criminal Law and Family Law for Florida on
Q: My parents are pursuing me to accept a force marriage or else face charges for defending myself with a taser

They were accusing me of being in love with someone I don’t even know and said I called him but no way to have his number. His girl said an 857 number but I’ve never had an 857 number and they have kept coming here along with my parents keep pursuing me

2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

I was convicted of vehicular homicide, accepted a plea which included 4 years of prison time and a 6 year license revocation beginning after my release. I should be eligible for a hardship license, but the DMV is advising that my suspension is not in effect. I have the disposition sent to the DMV... View More

Michael Rubin
Michael Rubin
answered on Jan 9, 2025

good questions

First, go to the website for the clerk of court in the county in which your conviction took place

Look for the Final Judgment and Sentence, and look for the Public Record documents regarding the DL suspension

I absolutely agree the suspension should start at...
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1 Answer | Asked in Criminal Law for Florida on
Q: Are there no exceptions to statute 794.021? Seems unjust in some circumstances

The supposed victim was serving alcohol, which by law means they must be at least 18

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

no, there are no exceptions

Ignorance or belief as to victim's age is no defense

1 Answer | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for Florida on
Q: Help needed for Unlawful Detainer Lawsuit Eviction Thank you

Any help or advice appreciated. I am searching for a lawyer to help evict an individual that is on our property illegally. He is also on probation for burglary and grand larceny which may be helpful in establishing he has no credibility. Thank you for your time.

Anthony M. Avery
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answered on Jan 7, 2025

Hire a FL attorney to sue all occupants and that known individual for possession only.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Can a Court hearing for trespassing appeal be held in City Hall (Florida and is the ruling if not favorable legal?

The “Judge” was a local Attorney hired by the City titled as a “Hearing Master” with a City Police Attorney as their prosecutor

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

yes this happens all the time and as long as the trier of fact can remain objective and neutral, there is no illegality

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1 Answer | Asked in Criminal Law for Florida on
Q: why would a lawyer file a motion to exclude witnesses when the witnesses already signed non prosecution papers.
Michael Rubin
Michael Rubin
answered on Jan 8, 2025

Because the State is the prosecuting authority and the victim is merely a witness for the State

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Q: How can I find the probation officer for someone in Tampa Florida thank you.

We are dealing with someone illegally on our property. He was arrested recently for burglary and grand larceny. He is on probation. We would like to contact his probation officer to let him know the person is committing more crime. Any advice appreciated.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2025

If he was arrested, the probation officer will be notified.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Elder Law for Florida on
Q: Commercial Property Eviction help needed thank you for your thoughts

I am in need of advice and help from a lawyer regarding evicting a criminal from a commercial property. The key to property was stolen from my elderly father. The criminal is currently on probation for other crimes. Any advice is greatly appreciated.

Jacqueline Alicia Salcines
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answered on Jan 4, 2025

I am happy to assist you with this eviction. I would need to see the Commercial Lease in advance however to advise what recourse you can take. You can email that to us.

1 Answer | Asked in Criminal Law for Florida on
Q: My boyfriend was released and put on drug court came home and violated with a misdemeanor

That charge was dismissed & now he has a court date Monday to be re evaluated for drug court , will he get out that day if he agrees to do drug court again ?

Robert Edward Heyman
Robert Edward Heyman
answered on Jan 6, 2025

Being charged with a new misdemeanor charge immediately after being accepted into a drug diversion program presents real problems for your boyfriend apparently of his own doing. More than likely his bond will be revoked for the original case and he may be removed from the diversion program.... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hi my boyfriend was in drug court in Florida and ended up getting a battery charge

He was in drug court and has spent over 30 days in jail , the victim in the case, signed a waiver prosecution and spoke to the state attorney’s office and was told that this charges are gonna get dropped because it was an accident and our friend ended up calling the police just being on the phone... View More

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

From what you indicate, the state attorney's office has agreed to reduce or dismiss the charges. The new court date is to present the plea agreement to the judge and, if the judge agrees, have him released.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: When I was minor I was charged with possession of a weapon on school grounds . Can I own a firearm.

I completed a diversion program and my paperwork says petition not to file charges . Happened 6 years ago.

James L. Arrasmith
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answered on Jan 5, 2025

Having a charge from when you were a minor can affect your ability to own a firearm, but the specifics depend on several factors. Since you completed a diversion program and your paperwork indicates that charges were not filed, this may work in your favor. Many jurisdictions consider juvenile... View More

1 Answer | Asked in Elder Law, Landlord - Tenant, Contracts and Criminal Law for Florida on
Q: We bought a home and were told we overpaid $1000. 12 weeks and no refund. Now, told our last month rent failed? LOL?

We send two checks to cover rent. Money orders from Publix per park regulations, they signed saying they received them (in person), one for $387, other $500, then 3 weeks later were told the $500 check was no good, yet both checks were cashed on the same day. We are not litigious. We don’t... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

Th explanation of the facts of the case is a bit confusing as I am unclear on whether you are an owner or tenant. Nevertheless, any overpayment on a purchase typically is reimbursed by the escrow agent. The terms of the contract should be reviewed to identify whether they address what needs to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Discrepancies in Jail Credit Days and Records. What needs to be done?

I am seeking information on behalf of a friend currently incarcerated. While reviewing their case documents, I discovered discrepancies in the judgment and sentence documents, as well as inconsistencies in the case information provided through the Miami-Dade Clerk of Courts' Criminal Justice... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 16, 2024

The question you ask is best answered by the attorney who handled the case because it is more complicated than you might think. Credit is typically given based on time spent in jail after arrest for a specific case. If two cases are handled together, they may still have differing amounts of credit... View More

0 Answers | Asked in Criminal Law for Florida on
Q: Can I be found guilty in trial for stealing a cell phone. The victim is 65 or older. With no kind of evidence?

The police tracked the phone to a shopping Plaza, but never found a phone so the officer stated the tracking was miss leading them. I was not called to return to the house but a warrant was issued for my arrest one year later. I have never been inside this lady house but I did deliver her groceries... View More

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