Lawyers, Answer Questions  & Get Points Log In
Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: I am 73 years old, living permanently outside the USA for 12 years now. I have been informed of a warrant for my arrest.

The warrant is for failure to appear in front of a judge after receiving a traffic ticket in West Palm Beach, Florida in April 2011. How can I have this warrant dismissed?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 18, 2022

You should retain a criminal defense attorney in Dade County to call a local prosecutors office and negotiate a resolution to this problem.

2 Answers | Asked in Criminal Law for Florida on
Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

Jonathan Blecher
Jonathan Blecher
answered on Sep 7, 2022

If your attorney can proffer a reasonable explanation to the prosecutor it's possible. If the medication was not in it's prescribed container (like the bottle from the pharmacy), that's a misdemeanor. However, if the medication is a controlled substance, it will take some convincing.... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: if i get a charge in another county and have to go to court there do i get a lawyer from that county or my county ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

It's up to you and whichever lawyer you want to hire. Depending on how far away the charging county is, it might be more cost effective to hire an attorney in the county where you are charged. But any attorney admitted to the Florida Bar can represent you.

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: An officer gave me the choice of getting arrested. Or making a deal with a detective to do a drug deal for my freedom.

I was pulled over with paraphernalia, a small small amount of cocaine, an open container and my firearm. Wich I have a concealed for. The officer said I was facing 3 felonies and a misdemeanor. He gave me the option of letting me go free if I made a deal with a detective. The detective and I talked... Read more »

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Aug 8, 2022

Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

1 Answer | Asked in Criminal Law for Florida on
Q: I need to fire my attorney in Jackson county florida how do i go about doing it and where can I get the form to file.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2022

Simply tell your attorney that he or she is fired. The attorney will probably then file a motion to withdraw, send you a copy, and schedule a hearing on the motion. Whether you attend or not is up to you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I went to trial for a case and got two hung jury’s during the trial in the process of trial the jury asked for

A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... Read more »

Keith Upson
Keith Upson
answered on Jul 25, 2022

There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Is this true about tampering with evidence florida??

drugs out window

Florida case law has made it very clear that when a defendant simply throws potential evidence, such as a bag of drugs, out of the car window during a police stop, the defendant cannot be prosecuted for tampering with evidence.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

So, are you asking us or telling us? If you want case law to back up your statement, you probably will need to research it yourself.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: How does corpus delicti apply in a criminal case if the alleged defendant was unaware of the rule.

There was evidence that existed of an audio confession but no other evidence existed to support crime was committed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

In short, it doesn't. Assuming that the defendant didn't have an attorney, if the defendant failed to raise the objection it has been waived. The judge may have thought that there was sufficient evidence that a crime had been committed.

1 Answer | Asked in Criminal Law for Florida on
Q: Regarding the transportation of a firearm, is it legal to have it sitting out on the passenger seat?

I had a question regarding improper display of a weapon. For reference I live in Florida and am licensed for concealed carry. Today I was driving home and I removed my handgun from my holster briefly as it was sticking into my side uncomfortably and placed it in the passenger seat next to me. I was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2022

Yes, your conduct was legal.

Florida Statute 790.053 provides in pertinent part that

"(1) ... it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to...
Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Can I own a rifle in my home by myself at age 19 in Florida? And if I get one from a friend can I get in trouble?

Strictly for self protection in my home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2022

Florida Statute 790.065 provides that

"(13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can I do anything about a past case where discovery was denied?

I was accused of petit theft at a Target store. I had a shopping cart filled and unintentionally neglected to pay for a bag of dog food under my cart at self-checkout.

The woman at Target, without identifying herself, ran up from behind and grabbed me, leaving me badly bruised. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2022

After you accepted the plea bargain, discovery was then moot. So no, you can't get the judgment dismissed.

1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Q: My husband is currently been detained for battery on a leo and did not want to take it to trail and changed his plea

From not guilty to guilty. They are trying to extradite him back to the Philippines. How do we fight thia case. We have 2 kids and he had been a residences of the United States for over 30 years

Jeremy Lasnetski
PREMIUM
Jeremy Lasnetski
answered on Jul 12, 2022

It sounds like your husband pled guilty to a criminal offense and is now, or is about to be, in removal (deportation) proceedings before an Immigration Court. Even if a person is deportable, there may be forms of relief available to help them stay in the United States. Like our firm, there are... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If I have crd for probation until dec 4 and violate how much time do I have to spend in doc or county because I

Because I took a plead deal for 36 month doc no paper

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2022

Although you might not have a copy, the court probably does. If your issue is what the text of the plea deal says, contact the clerk of court.

1 Answer | Asked in Criminal Law for Florida on
Q: Do I have the right to face my accuser in court?

I was served with a court date for violating an injunction for protection and I'm on probation already. On Dec 23 I was released from jail. This girl says I called her and hung up on her which I did not. She called the cops and reported it to them now on June 2nd the state attorney filed... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2022

I assume that your "court date" is what is called a "first appearance". At that time, you can, if you wish, plead not guilty and an attorney will be appointed for you if you can't afford one. Ask your attorney your questions. But yes, she will have to testify at the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can I use or present a lie detector test in criminal court somehow to defend my innocence in criminal court?

Is there anyway I can use these results to make it public so that I am less likely to be tried and convicted of the charges I’m accused of? Say for instance posting on social media platforms

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2022

You're accused of "posting on social media platforms"? I don't believe that is a crime. Or, if you mean posting the results on social media platforms to try to influence public opinion as to your guilt or innocence of whatever crime it is you are suspected of committing, no... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Can you be charged, and convicted for sell of meth, when you weren't there even if the detective says you were.
Jonathan Blecher
Jonathan Blecher
answered on Jul 5, 2022

Some crimes can be charged and proved even though the person was present during the commission of the completed act. People charged with conspiracy can fall into this category. Now, if the only crime is the actual sale, and you have an alibi, you can defend your case that way.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Does statue of Limitations ends when you are arrested or when the prosecutor file the charges
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

A statute of limitations prevents the state from CHARGING you after a specific period from the alleged crime. If you are arrested, you can be charged until the period of the statute of limitations has expired. On the other hand, if you are arrested but not charged, you can seek to be released.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: Can a person be charged with felon in possession of a firearm if the firearm was found in another person’s possession?

To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Can he be charged? Sure. Will he be found guilty? No way to tell.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.