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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: How longs does attempting to flee and Elude stay on your driving record
Jonathan Blecher
Jonathan Blecher answered on Jan 13, 2021

In Florida, criminal traffic violations remain on your driving history for 75 years. They can’t be expunged or sealed.

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

No, it's not an arrest.

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My mom doesnt want me living with her .. is there anyway i can sue my mom or press charges on her even though im 17?

My mom was really abusive to me and my sister. We are adopted and we are about a year and a half apart and me and her can share memories on when mom would kick and punch and slap us and hit our heads against a wall and she almost drowned my sister one time. When i was 16 i started running away... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 13, 2021

Claims against your mother can be lodged in either civil or criminal court. For the criminal proceedings, you may contact local law enforcement or Department of Children and Families.

A civil claim is somewhat more complicated and expensive, you may contact a local lawyer. I will,...
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1 Answer | Asked in Criminal Law for Florida on
Q: If evidence in a criminal case was obtained illegally but was revealed during the duration of the case; can newly

But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 10, 2021

The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How long is an extradition to a neighboring county on a FTA misdemeanor charge.

The FTA charge was petty theft. This is a family member and I'm out of state. This is all new to me having to deal with the wrong side of law. What can I do from another state. They are being held in the neighboring county. This is in the state of FL

Henry George Ferro
Henry George Ferro answered on Jan 5, 2021

Hire an attorney that can take care of this matter...

1 Answer | Asked in Criminal Law for Florida on
Q: Hello i was arrested for agg assault with a firearm after i was attacked i had my concealed weapons permit and defended

Police took the attackers side and not my side of what happened

Jeffrey H. Garland
Jeffrey H. Garland answered on Dec 31, 2020

This is where you need to get an experienced criminal defense lawyer to address the facts of your situation one by one. Remember that police are not prosecutors or judges. Police can easily make a wrong decision in the heat of the moment. Your lawyer should position your evidence and witnesses in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I was put on S.O. registry at 14 and not told till 16. I'm now 22 and still trying to get off, can you help me?
Jonathan Blecher
Jonathan Blecher answered on Dec 27, 2020

Possibly. There are options, however, to remove your name removed from Florida sex offender registry:

Florida’s Romeo and Juliet Law:

(1) the victim was 13 to 17 years of age,

(2) you were no more than 4 years older than the victim,

(3) the conviction that...
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1 Answer | Asked in Criminal Law for Florida on
Q: What does it mean when charge has been merged with another count

For instance gun charge merged into felony narcotic possession charge

Jonathan Blecher
Jonathan Blecher answered on Dec 20, 2020

It sounds like they are charging you with a gun charge in addition to the narcotics charge. The charges are not merged, they’re just heard at the same time. I don’t know all the facts of your case, but it’s possible that the charges stemmed from the same incident.

1 Answer | Asked in Criminal Law for Florida on
Q: In a felony burglury case in Florida, Hernando County on the docket my case has filed, State Motion to RCO?

I do not understand what the States Motion to RCO stands for

Leonard Louis Cagan
Leonard Louis Cagan answered on Dec 16, 2020

RCO in Hernando means Re-Commitment Order. This is typically filed by the State Attorney when a person who is out on bond commits a new offense, thus violating their bond conditions. RCO's if granted result in the bond being revoked on the original case and a No Bond status being instituted.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What is max sentencing for 806.10 charge
Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2020

806.10 Preventing or obstructing extinguishment of fire.—

(1) Any person who willfully and maliciously injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: My boyfriend is currently locked up in Collier county with a warrant from Orange County for Burglary with assault/batt

He got into a verbal altercation with his dad at their residence and walked back into the home but ever assaulted anyone. He has proof that he was residing there at the time of the incident & his dad never pressed charges. Is there a way we can get the charges dropped or a way he could get... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 11, 2020

Why are you assuming the warrant is for the incident with his dad if his dad never pressed charges? Something's missing here. Either his dad DID press charges or the warrant is for something else. Another possibility is that his dad first decided to press charges, then changed his mind, but... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

Jeffrey H. Garland
Jeffrey H. Garland answered on Dec 5, 2020

Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Florida on
Q: After 30 days of being on hold from another county what is the process of inmate being release if it was vop

My brother violated with a misdemeanor traffic charge it’s his first vop and Columbia county gave the crime time served only problem is dec 4 will be his 30th day lock up without them coming to get him what would be the process of having him released or who could I talk to about him being... Read more »

Jonathan Blecher
Jonathan Blecher answered on Dec 2, 2020

You should retain an attorney to seek a bond on the probation matter, or release on recognizance, with the judge and prosecutor on the probation case.

1 Answer | Asked in Criminal Law for Florida on
Q: I have an active warrant Failure to Comply in Colorado. I left the state over 20 years ago and never looked back.

Is there any loophole to have the warrant removed without returning to the state?

Sean Maye
Sean Maye answered on Nov 30, 2020

You could certainly always hire a lawyer in CO to attempt to clear the warrant on your behalf without your presence. This is something you should consider now, specifically, as most Courts throughout CO are their proceedings virtually. So, you can appear without having to be physically present.... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Florida on
Q: Purchased puppy who got very sick. FL breeder does not want to help with the bills.

I purchased a puppy who became very sick. I am heartbroken and almost lost him. The breeder is in Florida and does not want to help pay for the vet bills or reimburse me for the price of the puppy. In the state of Florida can I sue them in small claims court for the price of the puppy and all of... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes you can sue. You might want to check Florida’s consumer protection and breeder laws to see if there is anything specific that helps you in the lawsuit. Try reaching out to a Florida consumer protection or civil attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: Arrested and serve time in a state you don't reside in. Do you HAVE to do probation in that state?

My Uncle resides in NY, and is serving time in Florida. He wrote me and said that he may get out soon and says he has to do 3 years probation in Florida, and told him it can't be transfer to NY. How can they make to stay in a state you don't reside in?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 26, 2020

Because probation is a substitute for doing the time in prison, also in Florida. Which would he rather do?

1 Answer | Asked in Criminal Law for Florida on
Q: Can a vop warrant be served that is 2 yrs old and the probation ended a week after warrant was served?
Sean Maye
Sean Maye answered on Nov 25, 2020

Generally speaking, the answer is YES- provided certain factors are satisfied.

Firstly, it depends on if/when a probation complaint was initially filed. A term of probation is considered "tolled" upon the filing of a probation complaint. That means that, so long as a complaint...
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2 Answers | Asked in Criminal Law, Federal Crimes and Wrongful Death for Florida on
Q: If i plead guilty to sales and being investigated for a death resulting will they charge me if i plead out to the sales

I have been being investigated for a year now for a death resulting. I havent plead guilty to my sales charges from a year ago because im afraid if i do they are going to charge me with the dealth resulting. Im doing so good now and just had a baby and have been sober for a year and did lots of... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 23, 2020

Your case is in New Hampshire, but you posted this inquiry to Fla. attorneys, who cannot advise you unless they happen to be a member of the New Hampshire Bar. In any event, this is definitely not an issue that you can get an answer to from any attorney, anywhere, simply by posting an on-line... Read more »

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