Lawyers, Answer Questions  & Get Points Log In
Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: Is a search warrant valid if the person doesn't live at the address given on the warrant? Technically he's homeless.

Jacksonville Florida is where this happened and he was accused of armed robbery but did not live with me was not on my lease and my name wasn't on the warrant either. They said they had probable cause but I'm not sure they did I'm looking into that. There are inconsistentcies on the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2020

The warrant should specify the place to be searched. If that place is your address, they can search there.

2 Answers | Asked in Criminal Law for Florida on
Q: Pending battery charge against me, unsure what I can do or what to expect

My boyfriend was arrest in April for battery against his sister. His sister ended up dropping the charges and the case was closed. On 10/7 he ended up hitting me and was arrested for DV. But now on 10/16 charges were filed against me for the April incident and I’m not sure what to do. I have not... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 21, 2020

Hire a lawyer...

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: I'm being accused of burglary of unoccupied dwelling on which isn't true and I didn't commit the offense. a person

Without my permission at all video taped me outside of the dwelling on there cellphone can the video be used in court proceedings or not

Henry George Ferro
Henry George Ferro answered on Oct 21, 2020

The simple answer would be yes...if all of the preliminary issues are dealt with.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: My son signed to be extradited to FL, he has since decided against this because he needs to fight a case in GA before

Addressing the FL case. Is it possible for the extradition to be canceled. If so how does he go about it?

Jason Michael Reid Esq.
Jason Michael Reid Esq. answered on Oct 20, 2020

He would need to address the validity of the extradition in Georgia, a Georgia lawyer would be a more appropriate source for this information. Best of luck.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: If a court has denied me access to my arraignment,what can i do?

This denial was due to my inability to wear a facemask. Which i showed the guards my doctors exemption & was still denied access. Marion county florida

Henry George Ferro
Henry George Ferro answered on Oct 20, 2020

File a request with the judge and attach a copy of the doctor’s note and request that the court allow you to appear without a mask...or the smarter approach is to hire a lawyer.

1 Answer | Asked in Criminal Law for Florida on
Q: i can afford a lawyer this isnt arraignment this is my court date it was prolonged you to covid I basically forgot about

Final court date tomorrow no lawyer no public defender this is past arraignment I'm basically defending myself what do I do NE advice would help

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

How do you forget that you have been charged with a crime? Does it happen so often that you lose track of your cases? The night before court, you’re asking for advice? What a mess you are. Tell the judge you’re stupid, which won’t be difficult for her to agree with, and request a postponement... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: was ares.march 1st felony and mis drug have court tom no att or public def. never been n trble w the law WHAT DO I DO

with the plandemic goin on and everything being tossed around, Ive been extremly busy and me being clueless with the courtroom i just need some!advice pls TY

Jason Michael Reid Esq.
Jason Michael Reid Esq. answered on Oct 19, 2020

Contact the clerk of court. If you cannot afford an attorney ask for an indigent application. Also, ask how you can appear for your arraignment.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: I left a store this morning and when later looking at my reciept I realized one item ($16) wasn’t on there.

Feeling guilty and paranoid I will be charged. Should I go back to the store and pay for it or will that only draw more attention to me? I am finding contradicting answers to this question online. Thank you!

Leonard Louis Cagan
Leonard Louis Cagan answered on Oct 19, 2020

Difficult question, but it is my opinion that doing the "right thing" is typically the best way to go. I believe that bringing the item and receipt back to the store with the intent to pay for the item will negate any intent associated with theft. Depending on the store, you can call and... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Hello so I sent my daughters father to jail and he listed for his attorneys that my address when he was arrested.

I keep getting his mail and he's never lived here. I'm getting g his public defenders letters

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

Call the public defender and explain the situation.

4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Jonathan Blecher
Jonathan Blecher answered on Oct 15, 2020

Would you need a doctor to perform surgery?

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: Someone gave me permission and gave me all there personal info to do there stimulous check for them cuz they was In jail

My computer auto filled the address to my address and I didn't realize so the check came here ..I deposited the check along with mine into an acct ..after I did it all I told they person what happened and apologized and told him I was giving his money back and that I was already starting to... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 13, 2020

Stop posting about this on the internet...prosecutors routinely check sites like this...do yourself a favor and get a lawyer soon...and I hope you didn’t spend the money. If you didn’t spend the money and don’t have a criminal history, you might be eligible for a deferred prosecution of this... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on
Q: I am a minor and I almost harass someone, if that person proceeds in any way, what can I do?
Henry George Ferro
Henry George Ferro answered on Oct 12, 2020

First and foremost you have the right to remain silent...that means shut your mouth and stop talking and/or writing about what you did or almost did...find a lawyer and don’t talk to anyone but that lawyer.

2 Answers | Asked in Criminal Law for Florida on
Q: Can my son be charged with tampering with a witness by he say she say??

I can send you a copy of the report .

Henry George Ferro
Henry George Ferro answered on Oct 12, 2020

Your question does not present sufficient information to formulate an answer.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: My roommates are accusing me of theft without proof. They called the police to swear out a warrent. Can I be arrested?

So I get a text message from my roommates today saying that there were two TVs in storage missing, I text back saying they should file a report. I later find out that one of my roommates was calling the police to file a report of theft, yet accused me of all people of stealing the TVs. keep in mind... Read more »

Jonathan Blecher
Jonathan Blecher answered on Oct 11, 2020

No Internet forum is going to go into any detailed analysis of your case. The smartest thing you can do is to consult and retain an attorney in your area.

2 Answers | Asked in Family Law and Criminal Law for Florida on
Q: A friend of mine signed power of attorney over to me for all his affairs and properties while he's incarcerated

I am to move into his house and take care of his wife and to have anyone removed if they don't have permission to be there. The wife is not mentally stable to make decisions for her self. Question is can I do all of that without the police getting called and me going to jail for trespassing

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 7, 2020

The problem is not the police being called, but the fact that if his wife is there and this home is marital, a power of attorney is probably not sufficient to give you authorization over her property. If she has mental capacity and has not been declared incapacitated, a power of attorney on the... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a police officer detain me and demand ID because they say I look young and it's past a curfew for minors?

In the past, I have have officers stop me while walking down the sidewalk late at night and demand that I present ID to validate my age. I've always complied because it caught me off gaurd, and I wasn't confident enough with the law to assert myself.

In my state, police can only... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2020

If there is a curfew in your area, stopping people who, like you, appear to be under age is the only practical enforcement mechanism I can think of. Stores that sell alcohol are required to card people who appear to be under-age; same idea.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I live in Tampa, Florida in Hillsborough County. Can I legally put a body camera on my child on the school bus?

I have asked the county for a copy of the video footage from the school bus over a "mask" issue when my daughter was adjusting her mask and was given a "disciplinary letter". My daughter was called a liar when I asked the driver about the situation. One thing my daughter... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2020

I don't see any reason, legally, that would prohibit you from doing so.

1 Answer | Asked in Criminal Law for Florida on
Q: in sentencing where time is run concurrent is credit also run concurrent

multiple F3 drug charges with felony vop

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 4, 2020

Credit for time served can differ from charge to charge. If it’s different, then running it concurrently does not change the difference. The differences can be more pronounced where the charges are unrelated or originate in different countries. A comprehensive plea agreement can sometimes resolve... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Hello. I have been charged with aggravated battery with firearm with great bodily harm in Florida.

Hello. I have been charged with aggravated battery with firearm with great bodily harm in Florida. I've posted a bail after a was arrested. This is what happened: there was a guy who was stalking me and my girlfriend. When he approached us I've pulled my glock and fired one round into... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 3, 2020

You could hire a lawyer to explore your options. The law may have changed since you left the country. The lawyer needs to figure out if yours is a stand your ground case, or not. The lawyer needs to consider whether the old or new laws apply to your situation. Obviously, it’s a serious matter.... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: How do I get rid of a misdemeanor warrant from a different state from 9yrs ago it’s stopping me from working decent job

I was 18 yrs old I was involved with human trafficking case in Chicago I was picked up in Miami fL charged with misdemeanor of prostitution although the judge knew I didn’t live there he still issued a warrant but I live in Chicago so they won’t expedite me for misdemeanor but I can’t get a... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 1, 2020

Confront the charges, hire a lawyer...or continue to face the consequences for failing to appear in court.

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.