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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Legal consequences for signing birth certificate after partner turns 18?

I am in a consensual relationship with my 17-year-old partner, and both our parents are aware and okay with it. We currently live together. If I get her pregnant now when she's 17 and I'm 21, and she turns 18 by the due date, would I face any legal consequences for signing the birth... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

NOT A QUESTION FOR A CRIMINAL DEFENSE LAWYER

SEEK COUNSELING

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1 Answer | Asked in Child Custody, Criminal Law and Domestic Violence for Florida on
Q: Can my son's father with a criminal history get 50/50 custody in Florida?

I live in Florida and am considering custody arrangements with my son's father. He has a criminal background, including convictions for firearm possession, grand theft auto, and threatening police officers. Additionally, he is currently involved in a situation where he's threatening his... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

seems to me they would be interested in why you would agree to a situation like this with this man's record?

Sounds like you are the one who should not have custody and perhaps the child would be better off without either of you in his or her life.

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Could my 22-year-old boyfriend face legal issues in Florida if he signs the birth certificate when I turn 18?

I am currently 17 years old and living in Florida with my 22-year-old boyfriend in a consensual relationship. We are expecting a child soon, and I will be 18 at the time of the birth. I am concerned about whether my boyfriend could face any legal trouble in Florida if he signs the birth certificate... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

you can sk the same stupid question as many times as you want and the answer remains the same

YES

STOP ASKING THIS QUESTION

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Can my 21-year-old boyfriend face legal issues in Florida due to age gap if I get pregnant at 17?

If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

yes

why isn't he the one asking?????

1 Answer | Asked in Criminal Law for Florida on
Q: Received summons for petit theft in Florida, first offense. What to do?

I've received a criminal summons for petit theft from Walmart that occurred 2 years ago in Sebring, FL. This is my first offense, involving theft over $100 and is classified as a second-degree misdemeanor. I have not had any communications or settlement offers from Walmart. I haven't... View More

Drew  Fritsch
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answered on Mar 13, 2025

You should definitely consult with an attorney prior to your arraignment. If the property was worth $100 or more it is actually a first degree misdemeanor punishable by up to a year in jail. If you can't afford to hire a private attorney you can apply for the public defender as well. Wal-Mart... View More

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can unsworn video identification be court evidence?

A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 13, 2025

If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More

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0 Answers | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Can a 19-year-old purchase a handgun from a private seller in Florida?

Is it legal for a 19-year-old, with no criminal record or restrictions, to purchase a handgun from a private seller in Lee County, Florida for home defense and recreational use, such as at a shooting range, and for protection if an intruder attempts to cause major bodily harm or attempts to kill?

1 Answer | Asked in Criminal Law for Florida on
Q: Can I transfer pre-trial diversion to Broward County from Hillsborough County for felony grand theft?

I have been charged with a 3rd-degree felony for grand theft in Hillsborough County, and my attorney is working on getting me into a pre-trial diversion program after my arraignment on March 27th. Due to losing my job and apartment because of the case, I would like to transfer the program to Fort... View More

Michael Rubin
Michael Rubin
answered on Mar 13, 2025

yes you can transfer

why won't the attorney you hired answer this for you?

2 Answers | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Florida on
Q: Bond issue between Polk and Hillsborough Counties, FL.

I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: Need Florida case laws on habitual offender sentencing requirements.

I am involved in a case in Florida where the judge sentenced a defendant to life as a Habitual Violent Felony Offender, but failed to mention the specific offense for which he was being sentenced. I am looking for new and old case laws in Florida that discuss the necessity of pronouncing the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2025

Have you tried the "Reseach the Law" tab above?

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1 Answer | Asked in Criminal Law for Florida on
Q: Can I purchase a firearm after withheld adjudication on felony grand theft in Florida?

I was charged with felony grand theft of cash in 2018, and adjudication was withheld. I haven't undergone any expungement or probation changes since the charge. I'm trying to understand if I'm eligible to purchase a firearm given this legal background. I heard it might be possible... View More

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

you should be okay but you should consider getting the file sealed

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Why are the drug charges missing from Madison County's court website?

Why are my drug charges not showing on the Clerk of Courts website in Madison County, Florida, even though my other charges, such as speeding and driving with a suspended license, are?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

If you know enough to search the clerks website, you should call them and ask them

this is not a question for a criminal defense lawyer

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Do I have to roll window down fully if stopped, Florida?

In Florida, if I'm stopped by a police officer and they request that I roll my car window all the way down, am I legally required to do so, even if communication can happen clearly without it and there's no safety reason given?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

yes, you are required to roll your window down, cooperate, and provide identification

stop watching television to get your legal information

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1 Answer | Asked in Criminal Law for Florida on
Q: What happens if I violate probation in FL by leaving the state?

In Florida, what can I expect after violating my probation by not meeting my probation officer and leaving the state without permission? I have been on probation for about three months, had a prior violation for an additional charge that was later dropped, and left because I did not have anywhere... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 13, 2025

I would recommend contacting a local attorney familiar with the court that your case is in. If you leave the state and do not continue to report, you will be deemed an absconder and will probably face incarceration.

I would not relish having to always look over my shoulder waiting to be...
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0 Answers | Asked in Criminal Law and Consumer Law for Florida on
Q: Is canceling online gift orders in a group a crime?

Is it considered a crime in a gifting group if I place online orders for other participants' gifts, provide them with confirmation photos, but then cancel these orders, especially if doing so leads to being banned for scamming? There were no formal terms outlined by the platform regarding... View More

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Was police jurisdiction and search legal in Lake Wales, FL, drug possession case?

I was approached by police at a motel I rented in Lake Wales, FL, regarding a reported disturbance involving a man and woman fighting. The call was made at 5:30 PM, and the police affidavit states they responded at 5:45 PM. However, they approached me at 6:35 PM and asked to search my person and... View More

Michael Rubin
Michael Rubin
answered on Mar 10, 2025

never consent to a search if you have drugs on you

I do not think it was an illegal search, because you consented

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: Can police search my car after I consented due to feeling antagonized?

I had just rented a room when police officers responded to a disturbance call, stating it was at 17:45, though body cam footage shows they arrived at 18:35. The officers immediately wanted to search for drugs, mentioning we were across from a known drug motel. Several officers were present, and... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

That would depend on what you mean by whatever actions made you feel "antagonized". The issue is whether there was voluntary consent. Coercion, threats, etc. may render a "yes" to be involuntary. To get advice, you must consult a lawyer to go over the incident in detail. I... View More

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0 Answers | Asked in Criminal Law for Florida on
Q: Steps after missing a misdemeanor probation appointment in Florida

I missed a misdemeanor probation appointment with my probation officer yesterday, on 3/7. This is the first appointment I've missed, and I have already attempted to contact my probation officer. I don't believe there are specific conditions of my probation that will affect this situation.... View More

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: Can I be charged for brake checking if rear-ended?

I was involved in a rear-end collision, where the other driver hit me from behind. Although a police report was filed and both insurance companies were notified, there were no witnesses. Now, days after the accident, the other driver is claiming that I brake checked them. Given these circumstances,... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

highly unlikely because the person who rear ended you violated a traffic law in following too closely, so, you are presumed to be in the right

1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Florida on
Q: Potential consequences of leaving FL with a misdemeanor domestic violence charge pending.

I have a misdemeanor charge for first-offense domestic violence in Florida. As a condition for dismissal, I was required to complete 9 months of treatment classes, which I cannot afford ($50 per class), and I've only attended two sessions. I'm also facing eviction, which is prompting me... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

you should have your public defender bring the matter back before the Court in hopes the Judge will unsuccessfully terminate supervision

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