Get free answers to your Criminal Law legal questions from lawyers in your area.
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
A person is required to identify themselves when requested by a law enforcement officer if that officer reasonably suspects that a crime has been committed, is being committed, or is about to be committed.
The officer is not required to tell you at the time what crime or why he suspects... View More 
Asked I was not doing anything else at all is this legal?
answered on Jul 12, 2024
Additional explanation: The police officer may be looking for someone else and may require your identification to confirm that you are not the person he is looking for. Your refusal to identify yourself then obstructs and delays his search for that person.
I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?
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answered on Jun 29, 2024
In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More
I came across something very concerning while looking myself up online. I'm hoping to get some advice on how to proceed. I found that a website called fastbackgroundcheck.com associates me with a man named Chad. I’ve never met this man, but the website says I live at an address I've... View More
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answered on Jun 26, 2024
This situation is certainly concerning, and I understand your worry. Here are some steps you might consider taking:
1. Document everything:
- Take screenshots of all the websites showing this incorrect information.
- Keep a record of when you discovered this and any steps... View More
I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More
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answered on Jun 21, 2024
To provide a concise response to this legal question:
In Florida, it's generally not typical to receive a trespass warning for a property you've never visited or haven't been to in over a year. Trespass warnings are usually given when someone is on a property without... View More
A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.
answered on Jun 21, 2024
Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More
Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?
answered on Jun 21, 2024
The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More
Neighbor is a known drug addict and has bee seen on our security camera walking on our front porch naked from the waist down. He comes onto our property uninvited all hours of the day/night. This last time, he was wondering around my vehicle and the later walking on our porch in front of my... View More
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answered on Jun 11, 2024
To file an injunction against your neighbor for lewd and lascivious acts, you will need to complete specific forms typically available from your local court or its website. Start by obtaining a "Petition for Injunction for Protection Against Repeat Violence" or a similar form that your... View More
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answered on Jun 10, 2024
Yes, to be charged with possession, you must be found in possession of the known substance. Possession can be actual, where the substance is found on your person, or constructive, where it is found in a place you control, like your home or vehicle. The prosecution must prove that you had knowledge... View More
How much trouble am I in? It's been 17 months so I would have to return about $17,000. . Can I remedy this by returning the money ? I don't know what to do.
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answered on Jun 10, 2024
It’s important to address this situation promptly to avoid further complications. The first step is to contact the Social Security Administration (SSA) to report your mother's death and explain the situation. Be honest about the oversight and your willingness to return the funds.
The... View More
He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well
answered on Jun 10, 2024
If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More
If an affidavit arrest warrant was filed on 8/6/2010 with just 4 charges on there, then an amended information was filed 8/26/2010 with 5 charges , then an arrest affidavit was filed June 13 2011 with 4 charges , how can one be found guilty of 5 charges?
answered on Jun 10, 2024
An affidavit does not limit what charges are pursued by the prosecutor. The most recent information on file at the time the case goes to trial limits the charges that can be tried against the defendant to those stated in the information and the defendant can object at trial to a different charge... View More
Don't you have to be in possession of the substance for you to actually get charged with a possession charge not 5,000 ft away.
answered on Jun 6, 2024
Yes. Distance is a factor in determining possession, but it is not necessarily dispositive. For example, you can be in possession of an illegal drug that is in the glove compartment of your own motor vehicle, or a gym locker with a lock you have placed on it, or your home or apartment, or your... View More
I have proof that can help my son
answered on Jun 5, 2024
The State Attorney will most likely not speak directly with you regarding your son's pending charges. I assume he has either hired an attorney or has been appointed the Public Defender to represent him. You need to contact his attorney and provide him or her with your information for their... View More
The clerks office doesn’t have anything online when I search the case # and when I call, there is a case file but they say there’s no activity on it.
answered on Jun 5, 2024
Sorry, but the only way to be able to see either the warrant or the affidavit is to wait until it is executed. At that time it will be filed with the local clerk. This is to protect the safety of the police officers who are attempting to execute the warrant, as well as those persons who may have... View More
he kept asking me for more time to cash the checks without any resolution
answered on Jun 5, 2024
The problem with accepting a post dated check is that it transforms the check into a "promissory note" for which there is no remedy under the criminal statutes. In other words it is a "promise to pay at a future date" rather than an attempt to defraud the payee (you) on the date... View More
I am trying to understand the Trump hush money trial. Disregarding any falsifying of business records. If Trump was not running for an elected office and wrote a personal check to Daniels for hush money would that be considered illegal as long as Trump is not admitting to any illegal activity?... View More
answered on Jun 5, 2024
You are correct that it is not per se illegal to pay someone or some other entity "hush money" to prevent disclosure of certain information - usually embarrassing or harmful in nature. More accurately referred to as "non-disclosure" agreements, they are legally binding, and if... View More
My sister was charged with An A class felony of burglary/ assault after fighting with someone on Clearwater beach. Because she reached into her car and pulled her wig off they are saying it’s burglary. I don’t see how, but it’s Florida law. Camera doesn’t show anything the girl did to... View More
answered on Jun 5, 2024
It appears that your sister was charged with Burglary with the intent to commit a Battery. First, the scary sounding part. Burglary/Battery is a 1st degree felony punishable by life under Florida Law. Under different circumstances - such as when someone breaks into a house with the intent to harm... View More
answered on May 22, 2024
That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More
My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More
answered on May 13, 2024
Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More
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