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Florida Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Legal Malpractice for Florida on
Q: A man sent money to my cash app for a motorcycle I had for sale I sold the bike and they have me charged with petty thef

The bike was sold to a different person that day and the guy sent the money at same time so The man end up not getting his money back that sent it to me and I got a letter for court date is this a civil matter or would I lose at trial

0 Answers | Asked in Criminal Law for Florida on
Q: Michigan question see below

if someone is an inmate in michigan and gets extradited to florida for criminal charges and the verdict is rendered and they signed papers to be sent to do prison time back in Michigan how long does it take to get back there

0 Answers | Asked in Criminal Law for Florida on
Q: can i get someone in trouble for deleting my files on my google account if i accidentally forgot to sign out of it?

i know this sounds stupid but i had a really important file that they deleted

1 Answer | Asked in Criminal Law for Florida on
Q: Is a motion to abate a criminal proceeding sufficient for a defendant in error to exhaust administrative remedy

Lack of corpus delecti no injured party

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Generally, any requirement that one exhaust administrative remedies would not be satisfied by a motion filed in the court proceeding. The court is not an administrative body. Such a requirement probably doesn't apply in any event.

2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2023

Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.

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2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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0 Answers | Asked in Criminal Law for Florida on
Q: If I asked what something meant while being read my rights, and it was never answered, was my waiver valid?

I've posed this question multiple times here and other places and none have yet to actually answer the question being presented :(. An officer read the following line, "if you cannot afford one, one will be provided for you without charge". The suspect replied with the question,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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0 Answers | Asked in Criminal Law for Florida on
Q: hello. I have question. I have "family" members that did a incomplete fencing job at my property over 2 years ago.

They left tools of theirs at the location and never asked for them back in all that time. I didnt even know that the tools were there since I wa not living on the propert at the time. Fast forward to now, they are demanding the payment of the incomplete job and so I asked for the invoive and... View More

1 Answer | Asked in Criminal Law for Florida on
Q: The Defendant agrees not to possessintoxicants to excess. Does that mean I can drink and not be required to take a etg t

Will I get introuble if I test positive for alcohol in my system?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2023

The phrase "not to possess intoxicants to excess" doesn't make much sense. If you possess alcohol but don't drink it, what would be excessive? I think it means that you should not CONSUME intoxicants to excess.

Assuming you are on probation, you probably could be...
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1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If an officer states that you can have an attorney without charge and you ask what is without charge....

And they don't give an answer, isn't it safe to say that you couldn't have knowingly and intelligently waived your rights because you didn't know you could have an attorney for free if you couldn't pay for one? Further, doesn't it also mean you didn't understand your warning in simplified form

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2023

If you "waived your rights", the question boils down to this: "what was the result?".

- Did you make an incriminating statement?

- Did you enter a plea without the advice of an attorney?

If you can prove that you didn't understand the...
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1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: I was arrested for leaving the scene of accident and resisting arrest without violence.

I plead no contest, and took the plea deal of time served (18 days).

Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: I spent 3 extra years in prison because of false convictions for violence on my PSR.Can I sue the BOP for those years ?

Not until I Filed in court was I granted release.

James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including... View More

1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Q: Fedex delivered me multiple packages that I was helping a friend with. 1 wrong package.

Fedex delivered me multiple packages that I was helping a friend with. Within the 5 packages I received, one wasn't supposed to be delivered to me but I didn't realize it because they all looked the same. have them all to my friend when he came and he traveled back to his state.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

Don't necessarily believe what the FedEx driver told you about a search warrant. It's really none of her business. But if Homeland Security does get a judge to issue a warrant, simply tell them, as you indicate, that you don't have the package. Be ready for them to search your premises.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: My mom won’t end charges on my bf since but I want to end them, I’m 17 I need consent frm parents, anyway around it?
James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Hello, I just found out that I was kidnapped 13 years ago in Florida.

Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case...
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