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My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More 
answered on Mar 19, 2025
Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More
My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More
answered on Mar 19, 2025
The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More
I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More
answered on Mar 17, 2025
Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."
I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More
answered on Mar 17, 2025
Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you... View More
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
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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
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
answered on Mar 14, 2025
You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.
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
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
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
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... View More
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
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
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
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
I am a 74-year-old female who received a citation for petty theft after allegedly taking four dog treats from a store. The store staff did not witness the act, and there is no video surveillance. However, I did admit to a police officer that I took the treats for my sick dog to avoid going to the... View More
answered on Mar 6, 2025
It's best to hire counsel. If you cannot afford it, you could try the Florida Bar Lawyer Referral Service, which has a LOW FEE panel of attorneys available or low income individuals. But if you don't hire counsel, here's a couple tips. First, a status conference is not a judicial... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
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answered on Mar 10, 2025
In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
answered on Mar 5, 2025
Generally, you would need to review the deed of the property and see what it states specifically with respect to ownership rights. If the property was in your grandmother's name alone and she is deceased with no Will, then the Florida Intestate Statutes *without a Will" are going to... View More
In a stalking injunction case in Lake County, Florida, my fingerprints were taken in court without my public defender present, which I believe was not legal. The judge later ordered these fingerprints to be destroyed. The plaintiff, who has been harassing us to move, provided false information,... View More
answered on Mar 2, 2025
Since the prints were destroyed, you suffered no injuries
Public Defenders work hard for their money, are often overwhelmed, and rarely deserve the negative treatment they receive. Do you have evidence this was deliberately done, as opposed to a mistake?
People often make good faith... View More
Currently waiting for a court date for 2nd degree felony (not aggravated). Looking to change life after hitting rock bottom and getting arrested. Is selling the bike and everything that was part of the problem smart to help with legal fees?
answered on Feb 28, 2025
Normally FATE is a 3rd degree felony unless enhanced. If the police intended the vehicle in question to be used as evidence they would have seized it already. If it is your own property you can dispose of it in any manner. It may appear mitigating that you disposed of the instrumentality of the... View More
On October 29, 2024, I was bitten by someone who was physically fighting with someone else. The bite broke my skin, caused permanent nerve and muscle damage, and left a permanent scar. An ambulance came to the scene, and I received a tetanus shot the next day. I reported the incident to the police... View More
answered on Feb 19, 2025
Yes, assuming that person didn't do it for self-defense. If that person is arrested for what he/she did to you, the prosecutor might seek financial compensation for your medical bills; find out. If not, you can sue in civil court that person for that compensation, and either way, you can sue... View More
My 18-year-old son was out late at night in our neighborhood looking for scrap metal when a police officer pulled him over, mentioning recent car break-ins and thefts. The police searched his car and found nothing. Now, a detective wants to come with a partner to our house to ask him if he saw... View More
answered on Feb 19, 2025
If I were your son, I'd tell the detectives that I'd be happy to speak to them if they first put in writing that I'm not suspected of any crime, with the writing signed and dated by the detective. If they would refuse to do that, I would then say that I am not going to speak to... View More
I pleaded no contest to a traffic misdemeanor in Florida for driving with a suspended license after my car insurance coverage was dropped. The judge ruled adjudication withheld and ordered me to pay court costs and not drive without a license. I've since reinstated my insurance and... View More
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answered on Feb 17, 2025
This answer is based on you having no other connection to the criminal justice system. If the question is phrased "convicted of a crime" you would be correct in answering "no." If the application asks about arrests or mentions had adjudication withheld you would properly answer... View More
My boyfriend was arrested on two out-of-county warrants for failure to appear at pre-trial for driving while his license was suspended. He was transported for the first warrant, which initially had a no bond hold, and he has a court appearance tomorrow. The public defender mentioned they offered... View More
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answered on Feb 17, 2025
I would agree with the public defender's strategy of resolving the one case fairly easily. I am assuming the other case is in a different part of Florida. That judge may or may not know what happened with regard to the other warrant. Further, the judge who issued the warrant may or may not be... View More
While attempting to exchange defective vapes at a smoke shop in Lakeland, an employee left the back of the counter to verbally insult me and physically assaulted me by shoving, pulling my hair, and punching me as I was leaving. The employee initially claimed there was video footage of the incident... View More
answered on Feb 17, 2025
Hello. Unless you have severe injuries it is not likely worth a lawyer pursuing this case. There is no insurance for intentional acts, however, negligent training and supervision could provide coverage. But again, unless there is severe injuries this is not a case most lawyers will take.
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