Lawyers, Answer Questions  & Get Points Log In
Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher
answered on Jan 29, 2023

Prosecutors will make that decision.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: Can a judge force you in the day of your trial force you to represent yourself if you do not have a lawyer in the day of

I no longer have a lawyer due to my terminating him cause of incompetence. The judge denied a continuance for me to hire a new lawyer and said I would have to defend myself at trial but I know nothing about the law.

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

It is unwise to terminate your lawyer without promptly hiring another lawyer as a replacement.

Many defendants do this in order to delay a trial or other important hearing.

You absolutely have the right to terminate your own attorney at any time for any reason, but exercising your...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: A detective came to our home while no one was home and proceeded to jump our back yard fence and take photos.is it Legal

Hey detective came to our home in hopes of meeting with us in person and showing us a video he claims we are in when nobody answered the door he proceeded to go to our backyard and jump our fence to get in the yard and take photos is this legal action?

Jonathan Blecher
Jonathan Blecher
answered on Jan 25, 2023

No. It's not legal. Law enforcement need a warrant to enter your property unless exigent circumstances exist. Any evidence obtained during this illegal entry should be inadmissible in court. You could file a complaint with the officer's department, but there's no civil claim I can... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

1 Answer | Asked in Criminal Law for Florida on
Q: This is my first offense in trafficking drugs with cocaine how high my changes to get the case drop or probation
Michael Olowu
Michael Olowu
answered on Jan 23, 2023

First of all, sorry to hear you got arrested. When it comes to trafficking in cocaine, the punishment depends on the quantity in your possession. The fact that this is your first offense will be taken into consideration.

Secondly, I need more information to advise you on your chances of...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What's the difference between statue S893.135(1)(c)4B1 and S893.135(1)(c)4A

My husband was charged in his statute was S893.135(1)(c)4B1 and then his charge was amended and it's showing S893.135(1)(c)4A

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2023

Apparently, the state is now claiming that the amount of the illegal drug is "4 grams or more, but less than 14 grams". If he is convicted, an enhanced sentence will be imposed.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: What state would I need to hire a lawyer to have firearm rights restored if I was convicted in nc but moved to fl?

Conviction was non violent, I compleated my probation in nc and then moved to Florida. I'm not sure if I would need to hire a Florida lawyer or a nc lawyer to have 2nd amendment rights restored.

Charles M.  Baron
Charles M. Baron
answered on Jan 8, 2023

You're assuming you must hire a lawyer, which is not necessarily the case, but a lawyer could do the "homework" and communications for you, saving you time. As to where you need to initiate the process, it's likely in the State where you were convicted. Read the entire page... Read more »

2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2023

No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?

View More Answers

2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

Jonathan Blecher
Jonathan Blecher
answered on Jan 9, 2023

The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can I legally concealed carry a firearm without a permit in Florida while fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2022

No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: Attempt mur n FL 43ys ago on 10y old boy, ☎️law did nothing & DCF also. Boy n NC

My mother tried to kill me 43 years ago, with a frying pan. I gave a statement to Buncombe county sheriffs office about a month ago however, I have not heard back from them maybe because it’s a case that comes out of Florida. I want to know before going down there to press charges against her if... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about your terrible ordeal. What I'm about to tell you here is not a reliable professional opinion; for that, you need to schedule a consultation with an attorney with expertise in Florida criminal homicide laws, and you should be able to arrange a virtual or telephonic... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I told my landlord that his rent was in my apt, and not to let anyone in. He did anyways. Was it him or me that's robbed

Someone I thought a friend kicked in my door and started taking my things. I told the landlord I lived alone and to not let anyone in. He did anyways. My so called friend was clever enough to print out some that looked like mail with my address on it. So the police made no arrest and I was taken... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 27, 2022

Depending on the circumstances, your landlord might be complicit in the theft. But it is you, and not the landlord, who is the victim.

1 Answer | Asked in Criminal Law, Child Custody and Civil Rights for Florida on
Q: How do I find out if my parental rights have been taken from me or not?
Charles M.  Baron
Charles M. Baron
answered on Dec 27, 2022

Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Domestic Violence for Florida on
Q: if someone files an injunction against you and the court finds no evidence, can I file one against him?

we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of... Read more »

1 Answer | Asked in Education Law, Contracts, Criminal Law and Personal Injury for Florida on
Q: Was hit in high school by driver I walking n park lot. 1992 I was 15 yrs old. My parents sued but wrote letter to Judge

And became trustees of my settlement. I lost my right foot it was screwed and bolted on and I had 4 back surgery since then. I never got a penny. My dad has property and Maks $ of me now while I'm on SSD AND FOOD STAMPS. WHAT CAN I DO

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

Because you were a minor at the time, someone(s) had to be trustee(s) until you would turn 18, unless some other legal arrangement was made for them to be trustees until a later age. In the meantime, the trustees had the duty to spend the money for your benefit, so the first issue is: did they do... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: My car was taken by the police because my boyfriend drove it to his work site and was arrested for economic felonies.

They think there is evidence in the car of his crime. That's why they said they could take it. The car is registered to me, it's new so the title is between the dealership and myself, insurance is in my name. I was not at the scene when this took place. I got a ride to the scene to get my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2022

In my opinion, the police did not have the right to keep your car without a warrant. Was that your question?

1 Answer | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Florida on
Q: Hi, I suspect my children's father has another child back in Georgia. How do I go about finding out?

2 previous restraining orders against him.

He left Georgia at 14 to come to FL. After 1st restraining order, my son was 8 months old and I received a letter stating that they have been looking for him for over 3 years. Indicating to me he possibly has a child back in Georgia that he fleed... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2022

Apparently, you are seeking another restraining order. You could ask the person who sent you the letter for more information. But chances are that such information would be irrelevant with respect to your current application and/or would be inadmissible as hearsay.

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.