Lawyers, Answer Questions  & Get Points Log In
Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: If u fire your lawyer is he required by law to give all of the information he has to your new lawyer?

I have a family member in jail & is being held responsible for some serious charges that he did not commit but the man he worked under did. They were both charged w my family member being under the owner of the business. Now the owner of the business is the "star witness" against him.... Read more »

Jonathan Blecher
Jonathan Blecher answered on May 12, 2021

Ethically, the former attorney has to turn over the "file" to the new attorney. He doesn't have to turn over documents or papers considered his own "work product". The attorney can charge reasonable fees for copying and labor. Depositions, recordings, photos, investigator... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Once a minor turns 18 is there any legal action the parents can try to pursue on the 18 year olds behalf.

I am 18 turning 19 and my girlfriend is 17 turning 18 in a nonsexual relationship. Once she turns 18 she plans to move out and move in with me. Once she is 18 there is nothing her parents can do legally regarding our relationship correct. Because her parents are controlling we are worried after she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2021

Yes, once she reaches the age of eighteen she is considered an adult.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: I have a Nephew who was given life in prison to starting a fire with with occupants inside. No-one was injured or killed

I just don't feel this was a fair sentence . 20 yrs is enough . If anyone can help . I would appreciate help with this .

Jonathan Blecher
Jonathan Blecher answered on May 10, 2021

It's not for you or me to determine what a fair sentence is. That's up to the judge. If the sentence was within the legal guidelines, then the sentence will likely stand. The judge has access to the facts of the case and makes the ruling. There are appellate remedies for mistakes in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I have a criminal case in district court of downtown Orlando florida and i am currently on house arrest and i would like

To file a motion with the courts to be released from house and start my probation and how do i do this

Henry George Ferro
Henry George Ferro answered on May 7, 2021

I am assuming that you are in Federal Court, I would communicate with the attorney that has represented you and he will give you better information based on his work on your case...You may also address this issue directly with the Court through the Clerk of Court and the Assistant U.S. Attorney on... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Investigation of 5 mon.my bro moved and new teneit got raided for drugs.will my bro get warrent also

My brother was living in a house when police had 5 mon investigation for drugs.he moved out. Police raied place n new teneit got charged.can previous renters get a warrent also

Henry George Ferro
Henry George Ferro answered on May 7, 2021

Depending on the nature and scope of the investigation...Law Enforcement could also proceed against other people, including your brother...The most important piece of advice I can provide at this time is to tell your brother that he has an absolute right to not answer any questions that law... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My 15 y.o. nephew from NY has runaway while down here in FL. What do I do?

My sister sent my nephew down here to live with me because he was trying drugs, not doing well in school and coming/going from the house whenever he wanted. At first he was doing so well down here...said it was toxic in NYC and he appreciated the calmer environment. However, now he misses his... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 6, 2021

Are his parents coming to Florida to find him and/or pick him up? They should consider take responsibility for him and should report him as a runaway. Do you know where he is? You may want to consider speaking with an attorney and moving forward in terms of reporting him as a runaway and/or to... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: I have bench warrant arrest issued in wi for my misdemeanor case and I’m in Florida

Is that possible Florida police can take me to jail if they run my name if they stop by pull over or something?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2021

Yes, I don't know how likely it is, but the police in Florida can hold you to be extradited to Wisconsin.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Is it possible to transfer community control from Florida to another state, Idaho, if I have a job offer/stable living?

I have one year of community control in Florida, my fiancé lives in Idaho, we have a stable drug free house and I have a job offer in Idaho. My charge is non violent and it’s my first time ever being in trouble.

Leonard Louis Cagan
Leonard Louis Cagan answered on May 3, 2021

Typically Community Control cannot be transferred to another state because it is a function of DOC probation that does not exist in any other state. A transfer would probably necessitate a modification of the sentence to regular probation that would qualify for transfer under the Interstate Compact.

1 Answer | Asked in Criminal Law for Florida on
Q: The state has a offer do I have to take at arraignment?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2021

No, you don't have to agree to the plea agreement offered.

1 Answer | Asked in Criminal Law for Florida on
Q: copy of order terminating probation.

In 1990 I try to enter us with counterfeit passport. But I was arrested during 2 month court hearing I was in jail after 2 court want to release with 3 years probation and I request to court I would like to go back my home country. court grant me permission and I went back my home country.... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 30, 2021

These are questions for your attorney to answer. If you do not have an attorney, consider retaining one to assist you.

A passport violation is a federal offense.

1 Answer | Asked in Criminal Law for Florida on
Q: Do defendants have the right to the signed affidavit / information given to a judge in order to obtain a search warrant?

Do i as a criminal defendant have the right to obtain a copy of the signed affidavit and/or what information was given to a judge in order for that judge to issue a warrant?

Henry George Ferro
Henry George Ferro answered on Apr 30, 2021

You are absolutely entitled to a copy of the affidavits supporting a request for a search warrant.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Florida on
Q: Is this possible prosecution for credit card fraud

My sister has opened several credit cards in someone else's name, even got to withdraw a total about $5,000 from a Wellsfargo ATM (cc belonging to Wellsfargo) months ago, but this has happened over the course of a year or so, and nothing has happened, and today she received two calls she... Read more »

Andrew Popp
Andrew Popp answered on Apr 28, 2021

In short, yes. She will want to speak with a criminal defense attorney to represent her rights for these likely felonious charges. Depending on the number of charges brought, she could be looking at quite a long stay in federal prison.

1 Answer | Asked in Criminal Law for Florida on
Q: How can they charge you with trafficking while running on foot

Not possession of control substance or possession of cocaine

Andrew Popp
Andrew Popp answered on Apr 28, 2021

Trafficking deals with the amount of the controlled substance.

2 Answers | Asked in Criminal Law for Florida on
Q: If someone is Noelle prosequi do they get released from jail?
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Apr 25, 2021

Assuming no other holds yes.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Do I have to respond to the detective reaching out to me about this investigation?

My boyfriend and I filed an incident report about my ex boyfriend chasing and hitting us with his car and I don’t wish to further the proceedings how do I go about it?

Colleen Kasperek
Colleen Kasperek answered on Apr 24, 2021

Best to inform the detective that you do not wish to proceed any further with the case. If your ex has been arrested, it gets a little more complicated as resources have been expended. If you gave a sworn verbal or written statement, law enforcement or the prosecutor may pressure you, especially... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: So, if I have a warrant for vop in georgia, and I'm not at the residence, are police allowed to enter my home and search

For me? Noone is there, they get into my house and leave my front door unlocked and open. No letter stating they were there, just told by neighbor. Also, suggested calling animal control to take my cats from my house when I have a neighbor taking care of them. And telling the neighbor not to enter... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 24, 2021

Yes, if the police have a search warrant they can search the home whether or not you are there.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Looking for Fl legal definition of loiter & prowl, most arrests by far do not meet common definition for either word

I see many 843.03 arrests and read the reports, while few seem to meet the general definition, most by far do not meet the definitions found for either word, so what is and where is it written the FL legal definition of loiter and prowl, surely this is not a statute of undefined words intended to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 23, 2021

You have referred to the wrong statute. Florida Statute 856.021 Loitering or prowling; penalty.—reads as follows:

"1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Police had a warrent for a drug dealer stating he lived there he did not found drugs on him went through every bedroom

Diff. Tenants safes vehicles etc is this legal. Police left a vehicle unlocked that got robbed for savings bonds soc security cards old coins what gives them cause to go through other peoples property when they got who they came for?

Henry George Ferro
Henry George Ferro answered on Apr 22, 2021

Without more information about the warrant and the manner in which it was effectuated it is not possible to provide an answer to your question.

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Florida on
Q: please see below

I own 51% of a marine contracting company. The company owns several tug boats and other pieces of marine equipment.

Can I gift one of the tug boats to another company which I own 100% of. Once the transaction is complete, can I then lease the tugboat back to the original company which... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 21, 2021

You may do what you propose...but the proviso is that there are likely tax consequences to your proposal...You should be communicating with a tax specialist and/or accountant...

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Felony Child abuse, can you all help?

I was arrested today for felony child abuse for discipling my 16 year old son a year ago. I'm seeking counsel & don't have any priors nor did I or would I ever hurt my children in such a severe manner. I'm afraid this is going to not only damage my kids psychological health,... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 21, 2021

Yes...you should be aware that litigating this type of case is not easy...the first thing is to meet with counsel ASAP and do not talk to anyone (police, DCF or anyone) about this case.

View More Answers

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.