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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Libel & Slander for Florida on
Q: Someone posted a picture of my minor child on a website without my consent.

I had someone make a website about Me they are slandering/defamation of Character on this website. Which is a different Issue then I’m worried about is it legal for them to post a picture of my minor child with out consent. I’m not sure where the picture came from I know it wasn’t in a... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 14, 2020

Generally, not illegal in Florida...if the photo is sexual in nature it is a different story...

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: What can i do?

The judge take my child from me and delivered in teh hands of a sexual offender without the child be attended first to his counsel and set me to have supervised visitation with my child up to 2 times a week. The order was not served by hand, mail or e-mail. The order do not present any steps for... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You paint a very serious picture...has the judge issued a ruling yet...and what kind of hearing was scheduled and what happened...remember appellate time frames...Although it sounds like any appeal of this case is unlikely...Custody issues are always reviewable...Sounds like something went terribly... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Florida on
Q: "Can you post bail again if charge was added pertaining to the same case"

In the state of Florida

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You should unless the judge has changed bond conditions that make bond impossible

1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: If someone gets a affidavit for a felony charge, does the affidavit act as a warrant for their arrest
Henry George Ferro
Henry George Ferro answered on Aug 12, 2020

Your question is somewhat confusing...an arrest warrant is issued by a judge...and arrest affidavit is issued by law enforcement at the time of an arrest...they are two different things...there is also an affidavit in support of a request for an arrest warrant...HIRE A LAWYER AND LET HIM FRET WITH... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: What is the least penalty for negligent homicide?
Henry George Ferro
Henry George Ferro answered on Aug 10, 2020

Carries a penalty of up to fifteen years...with a good lawyer and favorable facts it could be better...

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If you have a failure to yield ticket with injuries you have out of state license which state do you pay penalties for?
Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

The state where the incident occurred, however there may be repercussions in your home state.

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Henry George Ferro
Henry George Ferro answered on Aug 7, 2020

Pay the fines or hire a lawyer to file the appropriate motions...good luck!

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2 Answers | Asked in Criminal Law for Florida on
Q: my question is regarding right to a speedy trial. I haven't as much as been to a pre-trial. arrest in Dec.

arrested in dec.2019 and haven't been to a first court appearance and i feel 6 months is plenty of time

Henry George Ferro
Henry George Ferro answered on Aug 7, 2020

As you may have heard, the nation and its judicial system has been struck by a pandemic that seems to be paralyzing the judicial system. There have been no jury trials for some time and until the justices of the supreme court of Florida or the Supreme Court of the United States says... Read more »

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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... Read more »

3 Answers | Asked in Criminal Law for Florida on
Q: What if I don't have a lawyer and I'm waiting to get a pointed one or what would be the price to get a lawyer Idk

I've never had to deal with this so I'm really don't know what to do and I don't know what the cost of a lawyer would be

It's only a petty theft from Walmart

Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

You probably won't get a court appointed lawyer, unless the State certifies they are seeking a jail sentence if convicted. That said, retained lawyers for these low level cases, with no priors, will cost you much more than the likely value of the items from Walmart. Generally, unrepresented... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Are there any Attorney General's Opinions on Gun Sales in Florida?
Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

Of course there are AG opinions. Your question is too vague to give you more information, though.

2 Answers | Asked in Criminal Law for Florida on
Q: I miss my court date for petty theft charge what can I do to rearrange my court date because of work
Henry George Ferro
Henry George Ferro answered on Aug 6, 2020

There may well be an arrest warrant out for you...you should contact your lawyer and set a hearing as soon as possible

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2 Answers | Asked in Criminal Law for Florida on
Q: How Long after i have completed probation, do I have to wait to be able to obtain a Concealed Carry License?

(Florida, Felony probation, adjudication withheld, non violent)

Henry George Ferro
Henry George Ferro answered on Aug 5, 2020

You may apply at any time.

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2 Answers | Asked in Criminal Law for Florida on
Q: I was accepted and completed pre-trial intervention for a M-1 Improper Exhibit of Firearm. It was dismissed.

The Sheriff's Office says I forfeited the firearm.

Henry George Ferro
Henry George Ferro answered on Aug 4, 2020

Unless you forfeited the firearm, there is no logical reason why you should not be able to have the weapon returned. Was there a forfeiture proceeding initiated by the law enforcement agency involved in this case? Have you made a written demand for the return of the weapon? You may also be able... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If i have a felony warrant in Fl, can i still fly from alaska to hawaii?
Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 4, 2020

You can fly, but you might be arrested if your name is “run” and the warrant comes up. But it is a domestic flight. So if no one runs a warrant check, then you’ll arrive on time. Your call.

1 Answer | Asked in Criminal Law for Florida on
Q: Is their a timeframe I have to file a post conviction relief motion once my case ends?
Jeffrey H. Garland
Jeffrey H. Garland answered on Aug 4, 2020

To preserve your federal rights you must make a properly filed claim within 1 year of your case becoming final. Your State claim must be filed within 2 years of becoming final. The rules for calculating finality differ between the State and federal systems. Generally, finality doesn’t happen... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Florida on
Q: If your HOA retaliated against you, can I file a complaint in Federal Court or Civil Court?

My HOA retaliated against me after being caught using my water in my property. At the same time my fence which was being replace was installed improperly, and it was fixed, did not allow me to extend it like other neighbors. They added a lien on my property after I sent my HOA dues and refuse to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2020

It doesn't appear to involve a federal question, so no, you can't sue in federal court.

2 Answers | Asked in Criminal Law for Florida on
Q: I'VE BEEN FALSELY ACCUSSED OF ATTEMPTED SEXUAL BATTERY. WHAT SHOULD I DO?

NOW, I'M BEING BLACK MALED

Henry George Ferro
Henry George Ferro answered on Jul 31, 2020

Hire a lawyer and do not under any circumstances speak to Law Enforcement about this or anything else.

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