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Florida Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
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answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Would a civil restitution lien order automatically be filed by the court or is this something I may have to do?

I was a victim of grand theft. The case dragged out for 3 years and was complex. A plea deal was arranged in which the defendant paid back part of the money and in return there was no probation or ongoing restitution. That was it. The defendant wanted that deal or wanted to go to trial. So D.A... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 11, 2024

Your question should first be directed to the prosecutor with whom you "decided to take the partial payment". You should find out if a civil judgment lien was entered for the higher amount you are seeking at this time. If a higher amount of restitution was not agreed to as part of the... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How did i get a case that was settled seal/expunged ?
James L. Arrasmith
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answered on Mar 8, 2024

If you've discovered a case that was supposed to be sealed or expunged appearing on your record, it may be due to a few reasons. Firstly, the process to seal or expunge a case involves several steps and requires the involvement of the court and other legal entities. Sometimes, there can be a... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 4, 2024

On the face of what you report there may be a double jeopardy problem. The big question is why the double jeopardy problem is first being considered now. At any rate you would need to look at the allegations put forth in the 2019 case and compare them to the allegations put forth in the 2023 case.... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: convicted in January 2019 for stalking, Cops came to me with evidence on that case and recharged me aggravated stalking

This aggravated stalking rises from a closed stalking case that I was already sentenced on in 2019, I plead out to the aggravated stalking July 2023, doesn’t this fall under double jeopardy rule…

James L. Arrasmith
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answered on Mar 4, 2024

Understanding the concept of double jeopardy and how it applies to your situation is important. Double jeopardy protects individuals from being tried twice for the same offense after acquittal or conviction. However, if new evidence emerges or if the charges are distinct from the ones you were... View More

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1 Answer | Asked in Elder Law, Securities Law and Criminal Law for Florida on
Q: Mom is a victim of elder abuse by her financial advisor. He works in NY, she lives in FL. Do what in which jurisdiction?

He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.

James L. Arrasmith
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answered on Mar 2, 2024

Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should I remain silent at a temporary injunction hearing if I have a related ongoing criminal case
James L. Arrasmith
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answered on Feb 23, 2024

It's important to carefully consider your options and seek legal advice from an experienced attorney familiar with both civil and criminal law. While remaining silent at a temporary injunction hearing may seem like a cautious approach, it's essential to weigh the potential consequences... View More

2 Answers | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.

Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More

Jonathan Blecher
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answered on Feb 22, 2024

Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More

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2 Answers | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.

Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 23, 2024

Please look to Mr Blecher's answer in relation to roads and public parking lots. You say the officer didn't see you driving on a road. Maybe so, but the officer might say something different. Your claim that the officer didn't "see" you could be construed as an admission... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 16, 2024

Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If legal charges were dropped on me, why does it still show up on my record?

In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will... View More

James L. Arrasmith
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answered on Feb 24, 2024

It's frustrating to have charges still appear on your record even after they've been dropped, especially when the substance involved wasn't illegal. However, the fact that you were arrested and charged will likely remain on your record, even if the charges were later dismissed. This... View More

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2 Answers | Asked in Criminal Law and Internet Law for Florida on
Q: how to delete a mugshot out of internet

how long does it takes after requesting removal of mugshot in internet, it is a very terrible thing to show, this cause phycological and depression for a person

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 15, 2024

A "mugshot" can be found in multiple locations. Some of these locations are private companies and some are law enforcement. A private company may not be obligated to honor your request for removal, although they may be willing to do so voluntarily. A law enforcement site is not obligated... View More

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2 Answers | Asked in Criminal Law and Internet Law for Florida on
Q: how to delete a mugshot out of internet

how long does it takes after requesting removal of mugshot in internet, it is a very terrible thing to show, this cause phycological and depression for a person

James L. Arrasmith
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answered on Feb 25, 2024

Removing a mugshot from the internet can be a challenging process, but it is possible. Start by identifying the websites that have published your mugshot and review their removal policies. Many websites have procedures in place for removing mugshots upon request, so follow their instructions... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: If the Orders of Probation are NOT signed by the defendant are the orders enforceable?
T. Augustus Claus
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answered on Feb 13, 2024

In Florida, probation orders are generally considered enforceable even if they are not signed by the defendant. The signature of the defendant on probation orders primarily serves as an acknowledgment that they have been informed of the conditions of their probation. However, the legal validity and... View More

1 Answer | Asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida on
Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes, Identity Theft and Internet Law for Florida on
Q: A FBpost was asking for feet models.The guy sent 2 links on msgr.I sent pic/video. Can I sue for fraud my pics for $$??

The guy’s post looked legit at ArtofFeet.com LLC. He said he was a professional photographer for 15yrs and NOT an Onlyfans/Feetfinder type of biz.I sent him on messenger 2pics/1video that were only seen by me because he said he would like to meet me in a public place this week, and after looking... View More

James L. Arrasmith
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answered on Feb 4, 2024

If you believe that your photos and videos are being used without your permission for profit, you may have grounds to pursue legal action for copyright infringement, fraud, or violation of your right to publicity, depending on the specifics of how your images are being used. The critical aspect... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Florida on
Q: Good morning. MY QUESTION: I was charged with “Grand theft (more than $750 but less than $2500.00”. Continues below

First time ever being arrested. Was given 18months probation with adjudication with probation. I’m all completed with probation. Completed classes and all financial obligations. Went to court and was released off probation. When looking up my DC# I’m still on there with charges stating the... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 1, 2024

If you entered a plea to this case and was placed on probation "with adjudication", the information will never be removed from your record. If you entered into some type of diversion, you may be able to seek expungement or sealing if the case was dismissed. If the "dismissal"... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Florida on
Q: In Fl, how can criminal charges be brought for embezzlement & theft against those HOA board members involved?

After at least 6 yrs of HOA board profitting from community funds, illegal property sales, etc, significant, indisputable evidence has been compiled confirming these activities. How do we go about getting criminal charges brought against those involved, before they bankrupt us or take over our... View More

James L. Arrasmith
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answered on Feb 1, 2024

To initiate criminal charges against HOA board members for embezzlement and theft in Florida, you should follow these steps:

Gather Evidence: Ensure you have significant, well-documented evidence of the alleged criminal activities. This may include financial records, contracts, emails, or...
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1 Answer | Asked in Criminal Law for Florida on
Q: My husband was released out on bond we had to put our car up. we heard that he could be revoked without cause?

Then we would lose our transport and then he would be right back in jail. Is this true?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 30, 2024

A Bonding Agent can "come off" a bond without cause. This may happen if there is some question regarding whether the Defendant will appear as required. If this happens the person will be remanded back into custody. This will also result in any attached collateral being released.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Florida on
Q: In Florida, is an inmate using a 4th party to contact me (victim w/order of protection in place) violating that order?

They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More

James L. Arrasmith
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answered on Jan 28, 2024

In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More

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