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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Florida on
Q: I have a non-extraditable warrant in Pennsylvania but live in Florida. Can I resolve charges from home state?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

Perhaps. You should contact a Pennsylvania attorney.

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1 Answer | Asked in Criminal Law for Florida on
Q: Return my rental car got a online receipt now they're saying the car was not returned contract was closed
Jonathan Blecher
Jonathan Blecher answered on May 30, 2020

Unless the rental car company is accusing you of grand theft, this is a civil dispute. In which case you can re-post this question in that category.

2 Answers | Asked in Criminal Law for Florida on
Q: if a circuit judge sentences a defendant improperly for a misdemeanor crime is there any recourse for the defendant ?

misdemeanor battery ... plea vop judge sentences to felony house arrest

Jonathan Blecher
Jonathan Blecher answered on May 30, 2020

The judge can only sentence on a VOP for the max time that the misdemeanor carries. I don’t know what “felony house arrest” is per se or how it differs from being placed on HA for a misdemeanor VOP. You might be supervised by a felony-based HA officer, but that doesn’t make the sentence... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Which Fl official has jurisdiction over a local court (fort Pierce)? Is that a Congressman or a State Rep

I am seeking help from a State official (congressman or state representative) concerning a case going to court in Ft Pierce Florida on June 8, 2020. I need to know who to contact.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 28, 2020

Ask your county court clerk's office, or the Florida Division of Elections who your legislators are.

1 Answer | Asked in Criminal Law, Construction Law and Landlord - Tenant for Florida on
Q: Can a manager/contractor enter my apartment without providing ID in Florida?

I begged my landlord to repair apartment, they refused till I threatened to withhold, I don't think anyone has experience answering questions regarding the fact that masked people are at my door refusing to provide ID so I am removing this question, please do not comment further.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2020

Unless you OWN the apartment you should not ever refuse access to the owner to make simple repairs to THEIR property. Your written lease probably has a clause in it that says what I just said.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: What is the difference legally between something like Monopoly money and counterfeit money? Just curious.
Terrence H Thorgaard
Terrence H Thorgaard answered on May 27, 2020

Monopoly money is not printed with the intent that it will be mistaken for real money. So it is not given in tender for payment of (real) debt.

3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida on
Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If I had identity theft and received a ticket due to this and now a warrant what would be my next step to getting lawyer
Jonathan Blecher
Jonathan Blecher answered on May 26, 2020

I think you just did, though it's unfortunate that someone did this to you and now YOU have to pay for it. Do you have any idea who stole your identity? I assume you reported it to the police. The case would have to be set for a Motion to Quash Warrant on a video remote calendar.

The...
Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I have a warrant for arrest due to failure to appear would it be better to get legal representation or turn myself in.

Failure to appear is for tickets I did not know I had and I live in a different county and have no knowledge of the citations at all.

Jonathan Blecher
Jonathan Blecher answered on May 26, 2020

It's always best to have an attorney assist you. Depending on the case, you may be able to get the warrant quashed without surrendering. Your lawyer can assist you with digging up the out-of-county citations and help take care of them for you.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I just received an order from the court saying i was untimely on my appeal for my 3.850 .The thing is, its still not 2yr

My notice was filed Oct 24 they actually pca my brief and the rehearing.. A week after i get the mandate i get this order art.1 sec.16(b) 10(b) is this why i was pca

Keith Upson
Keith Upson answered on May 26, 2020

From the question, it is impossible to answer: if you received an order from an appellate court saying the appeal of the denial of your Rule 3.850 motion was untimely, the notice of appeal likely wasn't filed within 30 days of the trial court order denying your Rule 3.850 motion. If, instead,... Read more »

1 Answer | Asked in Criminal Law and Divorce for Florida on
Q: I'm in a divorce living separate from my spouse. Is it a crime if my spouse breaks in to my locked living quarters?
Henry George Ferro
Henry George Ferro answered on May 26, 2020

Sorry for the bad news...not a crime against her...you should have left the house

1 Answer | Asked in Criminal Law for Florida on
Q: someone threatened to kill me and I responded that if they tried, I'd kill them first. can I be charged with anything?
Jonathan Blecher
Jonathan Blecher answered on May 24, 2020

While the instigator could be charged with a number of different charges, depending on the circumstances, your verbal response to the threat indicates only that you will defend yourself with deadly force if attacked with deadly force. I don’t think you can be charged with a crime for the words.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I found out I have a warrant but it does not state what the warrant is for, what do I do?
Jeffrey H. Garland
Jeffrey H. Garland answered on May 24, 2020

Call a lawyer or a bail bondsman. The bondsman’s business is to help people post bail to get out of jail. You want to make sure what the bail is before you turn yourself in. It will be more difficult to make financial arrangements from jail. If bail is too high, you need to be talking with a... Read more »

1 Answer | Asked in Criminal Law and Estate Planning for Florida on
Q: Can diclaiming my interest in a trust after being served a lawsuit but, before any settlement or judgement be fraud

Plaintiff offer is they want a portion of the trust that I will receive after the owner passes. My attorney that over sees my half in trust can be available to answer any questions you may have about type of trust, how it is written etc. She stated that she thinks I can disclaim because as it... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 22, 2020

There are a lot of missing facts here making it impossible to answer your question. Is the trust revocable or irrevocable? Is your interest vested or unvested? Who is the trustee now? Who will be the trustee when the grantor dies? What is your relationship to the trustee? Are distributions... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If someone got drug court for a first offense in FL, can out of state drug felonies make them ineligible?

A family member got drug court for his first felony in Florida, but has about 10 other drug or theft related felonies in Michigan. Can the judge find out about these and decide to not allow drug court? He's been in it for about a month and is nervous.

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

It could have a serious impact on your eligibility for this program...

2 Answers | Asked in Criminal Law for Florida on
Q: Can I carry a 3 inch fixed blade knife under my shirt or jacket when hiking, jogging, and everyday carry?

I have carried an knife on me as an everyday item when I leave the house for nearly a decade. However after moving to Florida I was made aware of some knife laws that my previous home state didn't have. I strongly prefer fixed bladed knives because they are built stronger and easier to handle... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 21, 2020

Florida Statute 790.001(13) provides that “Weapon [the unlicensed carrying of which is prohibited by Florida Statute 790.01] means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife,... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Can cops detain me if I have done n ok thing wrong I need a lawyer asap they neglected my rights as a civilian

A cop followed me into a private neighborhood which I live at and I parked and got out and than he turnt his lights on approached me and started questioning me and forced me into handcuffs and threatened to taze me after I was already in cuffs

Jeffrey H. Garland
Jeffrey H. Garland answered on May 21, 2020

You are correct that you need an attorney. The lawyer will,hopefully, find out why police stopped you. You may be surprised to learn that the stop may be OK even if you did nothing wrong. The police have to establish whether they had reasonable suspicion or probable cause. The lawyer can review... Read more »

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2 Answers | Asked in Criminal Law and Probate for Florida on
Q: Hi my name is jorge i would like to know if i paid a prob i violated would still put me in jail

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Michael Fayard
Michael Fayard answered on May 20, 2020

Jorge:

That's a terrible situation to be in. And I'm sorry they had you pay all of that money just to be told that you have to appear before a judge. In any event, you will probably get a better answer if you post the question in the "PA" law forum instead of Florida....
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1 Answer | Asked in Criminal Law for Florida on
Q: interpret florida stat. 775.0842 (1988 supplement) in regards to being transferred pursuant to ch. 39

If a child is indicted on a prior, does it qualify for habitual offender enhancement in light of Postell v. State, 383 So.2d 1159?

Henry George Ferro
Henry George Ferro answered on May 18, 2020

There are a number of factors to be considered that are not presented within the question posed...this question can only be responded to with a very thorough review of the pertinent facts and history

1 Answer | Asked in Criminal Law for Florida on
Q: Violation of probation out-of-county supervision.

What can happen and what are my options for not being able to pay court fines and fees and I'm at the end of my term of probation. I'm a veteran in the homeless hud-vash program. I have an eight month old and if you don't say I do not want to lose everything they've been doing... Read more »

Henry George Ferro
Henry George Ferro answered on May 18, 2020

You should file a request to reduce the costs to a money judgment.

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