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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

1 Answer | Asked in Criminal Law for Florida on
Q: Can I record someone without their consent if they're blackout drunk and abusing me and never remembering it?

Generally what I've heard is that any recording that's been taken without a person's permission can't be used in court, but if hypothetically I was being abused by a blackout drunk who never remembers the abuse, I can't get evidence without recording it... What if I hit them out of retaliation... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2019

If you hit the perpetrator, some time after the fact, out of retaliation and not for self-defense, your evidence of the previous abuse would be irrelevant. You would be guilty of assault and battery.

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Florida on
Q: Do Probable cause affidavit have to be filed with the Clerk of court.

I was arrested and jailed The next day I received a visit from the P.D. office and was given the P.C. Affidavit. Three months later while still jailed I received in the mail that I was given a new P.D. I REQUIRED the newly appointed P.D. To send me a copy of the states discovery. After reception of... Read more »

Justin Gary Hausler
Justin Gary Hausler answered on Dec 2, 2019

Good afternoon, I'd like to try to answer a question, but I didn't see one here. Can you be more specific as to what type of helping you seek?

2 Answers | Asked in Criminal Law for Florida on
Q: How & can someone be charged with armed burglary if had consent to enter the dwelling & didnt take anything or hurt anyo
Stephen Shaiken
Stephen Shaiken answered on Dec 2, 2019

An authorized entry can still constitute a burglary. It would turn on the specific facts of intent, when it was formed, and how the consent was obtained. There is no requirement that an intended crime be completed in order to sustain a burglary charge. Anyone who is charged with or has reason to... Read more »

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1 Answer | Asked in Mergers & Acquisitions, Criminal Law and Federal Crimes for Florida on
Q: Which fed crime is it to handle fed mail at a business where USPS drops off mail and security sorts it for residents?

If usps drops of a bunch of mail and its up to security with no mail certification to sort mail and throw out “junk” mail which is up to discretion of the officer, then what crime is commited. Im looking for any reference to a statute in florida law. Also any reference to the possibility of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

Presumably residents have agreed that junk mail be discarded by security. If so, it would not be a crime to do so (and in any event it would be a federal matter; you will not find Florida state statutory law on the subject). Assuming that, you can be fired for refusing to do your job as assigned.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was dating a 15 year old when I was 17 and we broke up when I turned 18. Can his mom put me in jail?
Jonathan Blecher
Jonathan Blecher answered on Nov 26, 2019

1.Police put people in jail, unless her mom is a cop.

2.Nothing illegal about dating a 15 year old at 17

3. Good idea to break it off at 18.

4.

1 Answer | Asked in Criminal Law for Florida on
Q: HELLO I RECIEVED A NO TRESSPASSING CITATION FRIDAY ON COCOA BEACH FOR AN INCIDENT THAT OCCURED A WEEK PRIOR

I WANTED TO KNO SINCE THEY GAVE BE A TWO YEAR BAN CAN I STILL BE CHARGED WITH A CRIME

Jonathan Blecher
Jonathan Blecher answered on Nov 25, 2019

I’d need to see the documents but you can receive a no trespassing notice for that period and it is arrestable

1 Answer | Asked in Criminal Law for Florida on
Q: in the state of Florida can a police officer use a set up recording without a person knowledge in court?
Jonathan Blecher
Jonathan Blecher answered on Nov 24, 2019

Are you referring to recording court proceedings or recording during an investigation?

2 Answers | Asked in Consumer Law, Criminal Law, Immigration Law and Federal Crimes for Florida on
Q: How can I file online bitcoin job scam to FBI?

Last year I was scammed online about bitcoin job. I lost money, my debit cards were overdraft and almost lost apartment because of lack money. My and my boyfriends personal information were exposed to scammer. I do not have a lot of his personal info. But as I prove I have all messages, calls,... Read more »

Stephen Shaiken
Stephen Shaiken answered on Nov 23, 2019

It does not sound like this case would meet the requirement for physical or emotional injury. Police departments and prosecutors have been very stingy about signing off on them lately, so the weaker a case, the less likelihood of success. It also sounds like you are acknowledging proof problems,... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If a cooperating defendent makes a controlled phone call and the police listen

Police listen and record call without a judges ok can they use it for probable cause to stop , pull me out of my truck,take my keys,bring me 2 cars away, search locked bank bag and safe, then seized my money?

Stephen Shaiken
Stephen Shaiken answered on Nov 23, 2019

The general rule is that a warrant is required to listen on phone calls, but there are exceptions. One would be if the police utilized an informant to place the call. As for the vehicle stop and search, it's impossible to say whether the police had probable cause, as we don't know what they alleged... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My sister was a dance teacher on trial for child molestation. The day the trial started an anonymous letter was sent

To the court claiming the the accuser and my sister were secretly working together to go after the accuser’s stepfather. The judge scolded the local press for publishing the story, eliminated any potential jurors that knew about the letter, and plowed forward with the case.

No... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 21, 2019

Yes, continuing with the trial would be proper if it in fact didn't affect the jury; and if indeed none of the jurors knew about the letter it would seem that their verdict wouldn't have been influenced by it.

You probably don't know anything about whether the circumstances of the letter...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My roommate is using meth in my home. If I call the police on her could I also be charged?

I own the home.

I allowed her to move in from an abusive relationship.

She pays no rent. Gets mail here.

She denies doing it but it's been confirmed by another person.

She has previous conviction for same.

She agreed not to do any drugs when she moved in.... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 17, 2019

It will depend on the circumstances. First, you'll need to get your roommate to stop. If they don't you may want to move, or have the roommate move. Do you really want the roommate arrested?

If police find drugs in your home after you let them in voluntarily (with no warrant) any drugs in a...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I signed and posted bail for a friend can I come off their bond due to nonpayment and the fact they may be a flight

I posted and signed for a friend of mine to get out of jail, however I no longer feel comfortable and don't want to be responsible if they don't show up for court

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2019

Yes, you can.

1 Answer | Asked in Criminal Law for Florida on
Q: Was placed on monitor under the Jessica lundsford act was convicted with two mistimeanors 5 yrs with unrelated charges

This is unlawful how do I address this issue

Jonathan Blecher
Jonathan Blecher answered on Nov 15, 2019

I’m having a difficult time understanding your question. Sorry.

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I'm 16, and my girlfriend is 16 also, I was curious if it is illegal to have explicit photos of her on my phone
Jonathan Blecher
Jonathan Blecher answered on Nov 11, 2019

Regardless of your age, it’s illegal to have sexual pictures of a 16 year old. Don’t make it worse by sending them or showing them to anyone.

Good that you asked. Change up this behavior. You’re a kid, for cripes sakes.

2 Answers | Asked in Criminal Law for Florida on
Q: can state attorney violate your probation because of hearsay?
Jonathan Blecher
Jonathan Blecher answered on Nov 8, 2019

Only a judge can violate you. Hearsay is permitted in probation violation hearings, but subject to cross examination by an attorney.

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: I was in prison for fighting 2 cases for a year and a half on aggravated asult, felony battery,tampering with a wittness

and was told by the head state attorny to take 3 years or 25 when the case was just a hear say im free now but what could i dowhen there was even evidence were being tamperd with by the police who arrested me

Henry George Ferro
Henry George Ferro answered on Nov 8, 2019

I am uncertain as to exactly what you are asking. However, if you believe that you were the victim of police officers who tampered with evidence...you may be able to pursue a claim for damages...you should move forward as quickly as possible...

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1 Answer | Asked in Criminal Law for Florida on
Q: Well brother get the 3 years gain time he earned on prison sentence, wen he violated probation on same charge

2000 given 20 yrs ad 10 years paper ,violated dirty urine, got 2 years house arrest,got violated for being at pizza place,judge gave 305 jail days credit ad wrote doc to calculate time,judge sentenced him to 25 years ,so will he get the 20 years,ad the 305 days jail credit to this sentence,,,

Henry George Ferro
Henry George Ferro answered on Nov 5, 2019

You should be entitled to all time served in custody...

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: r Question:edit text I was convicted of lewd and lacivious acts when I was 19,ha
Jonathan Blecher
Jonathan Blecher answered on Nov 5, 2019

This is an incomplete question. Please edit so we can help you.

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2 Answers | Asked in Criminal Law for Florida on
Q: I am a student studying the fourth amendment. My question was how a Lawyer felt about Search and Seizure Amendment?
Gary Kollin
Gary Kollin answered on Nov 4, 2019

This is not a legal question within the purview of this forum

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