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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Florida on
Q: My minor child got pulled over and had a vape pen with a sealed cartridge of THC. Do we need a lawyer?

The police said they would contact us with the lab results. My child has started counseling and the counselor thought he might need a lawyer.

Jonathan Blecher
Jonathan Blecher answered on Sep 23, 2019

Possession of THC is a vape cart is a felony. The State has moved away from charging possession of cannabis cases (flower form), but they are still prosecuting vapes. Your child needs a lawyer.

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1 Answer | Asked in Criminal Law for Florida on
Q: grand theft auto cases when defendent was acquitted
William Jaksa
William Jaksa answered on Sep 18, 2019

What is the question? Are you looking for case law on this issue?

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: I have a probation violation in PA can I call the police in Fort Lauderdale when my husband hits me or will I go to jail

My charges were minor shoplifting harassment first transgression in my entire life I'm 39 can I get a restraining order or will they extradite me when I go to court to follow through with protection restraining order and divorce my husband is abusing me in every way I have a new baby and a 13 year... Read more »

Gary Kollin
Gary Kollin answered on Sep 14, 2019

The police will probably check you out and discover the warrant. Depending on what Pennsylvania wants, you may be extradited

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1 Answer | Asked in Criminal Law for Florida on
Q: If I’m in the car with my son who is 14 and he wrecks and injures people in the car can I be criminally charge

He hit a tree not another vehicle and the people that were hurt was his other siblings

Sasha Dadan Bonna
Sasha Dadan Bonna answered on Sep 13, 2019

Florida Statute 322.36, Permitting Unauthorized Operator to Drive, states: "A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Cannabis oil felony charge in Polk, no prior criminal history. Realistic out come of attorney is hired?
Sasha Dadan Bonna
Sasha Dadan Bonna answered on Sep 13, 2019

I would like to say that the answer to your question depends a lot on the prosecutor assigned. Some counties also have drug court, which is typically an offer of diversion given to someone with no prior criminal history.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Florida on
Q: Question regarding FOIA/Privacy Act for those familiar

If I submit a FOIA request, I know one of the exemptions to disclosure is information about an active investigation. However, I see that they would put in the FOIA response that the information was redacted and the exemption it was redacted under, which would essentially show that there is an... Read more »

Sasha Dadan Bonna
Sasha Dadan Bonna answered on Sep 13, 2019

My experience has been that if you are being investigated for a crime, the investigative report and victim report is protected. However, I would have an attorney contact the Detective on the case and request whatever information is available. Why you are being investigated, what information they... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If a search warrant does not specify any items, is the evidence admissible?
Sasha Dadan Bonna
Sasha Dadan Bonna answered on Sep 13, 2019

A search warrant should include information such as:

names of the persons to whom the warrant is directed – usually law enforcement officers;

a description of the premises or item to be searched;

the grounds that justify issuing the warrant;

detailed descriptions...
Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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3 Answers | Asked in Criminal Law for Florida on
Q: Hello, I'm a fugitive from Florida for a case in Dade County, 1997. Please advise if Justia can help.
Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 13, 2019

I suggest contacting an attorney in Dade County to review the facts to see if there may be a Motion to Dismiss for Statute of Limitations. Absent that, there may be a chance that an attorney can negotiate a resolution to the case without a surrender to jail. That is likely to be difficult or... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Police came to my nephew school and took his cell phone questioned him about a murder and his parents weren’t there
Gary Kollin
Gary Kollin answered on Sep 12, 2019

Like I wrote on AVVo, you and his family should have retained counsel instead of writing here. He needs to be represented NOW

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1 Answer | Asked in Criminal Law for Florida on
Q: I got into a altercation with a 16 year old I’m 18 so therefore I got arrested and charged with battery touch or strike

It ended up with deferred prosecution am I eligible for expungement? I want to work at a day care and you can have any charges with minors so my question is can I work there after I finish up the details of my deferred prosecution or will I not pass a back ground check?

Henry George Ferro
Henry George Ferro answered on Sep 11, 2019

If you are correct and this was a deferred prosecution, you would be eligible for an expungement...I would suggest that you not waste this tool on a case that was deferred...

3 Answers | Asked in Criminal Law for Florida on
Q: can a mother represent her child in a criminal case that no one wants

a case of police excessive force

force

Gary Kollin
Gary Kollin answered on Sep 9, 2019

No

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2 Answers | Asked in Criminal Law for Florida on
Q: Does a search warrant have to identify specific items to be seized?

If it does not list any specific items is the evidence inadmissible?

Gary Kollin
Gary Kollin answered on Sep 8, 2019

Yes

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2019

Wow, you were really victimized by a horrible person, and you have multiple legal issues to sort out. Regarding the issue of whether you can be arrested if that person tells the police you stole something, sure you can, IF the person presents credible evidence to the police that would cause a... Read more »

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for Florida on
Q: If given notice to the court can I have a polygraph test brought in to prove my innocent Florida.

She said she going to me to Small claims court. less than $300

It’s a he say she say sort of thing

Trying to get money out of me that is not theirs

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Polygraphs are inadmissible in zflorida

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1 Answer | Asked in Criminal Law and Elder Law for Florida on
Q: iam 72 years old my son has had me wire tap for 2 years with the intention of making me crazy ended up causing me ptsd

is there any legally that i could do too him

Henry George Ferro
Henry George Ferro answered on Sep 6, 2019

You should communicate with the local sheriff's office and file a complaint against him...

1 Answer | Asked in Criminal Law for Florida on
Q: i have 2 felonies on my record i can prove i didnt do it what can i do to get my record cleared
Gary Kollin
Gary Kollin answered on Sep 4, 2019

If you pled or fid not appeal. It is almost certain it is now too late

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: Can a cop arrest, detain, and or search me if he suspects that I have marijuana on my person without any other offense?

If I'm not driving under the influence or doing anything illegal and an officer suspects I have marijuana on my person, can they search/detain/arrest me?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

yes

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I wanted to inquire wether it’s legal to have a gun in my locked car on my college campus. College policy says no.

But there were legal cases with UNF that allowed a girl to keep a secured pistol her car

https://www.reuters.com/article/us-usa-florida-guns/court-rules-florida-state-college-students-can-keep-guns-in-cars-idUSBRE9BA1AU20131211

Henry George Ferro
Henry George Ferro answered on Sep 3, 2019

There are ten states where you may maintain a firearm on a college campus, Florida is not one of them.

2 Answers | Asked in Criminal Law for Florida on
Q: If your car is searched based on false claims about the smell of marijuana; can you get charged with anything else found

I was pulled over because my tags were 3 days expired. Officers claimed to smell marijuana in my vehicle. Asked if they could search, I said no, not without getting the dogs. They physically pulled me out of the vehicle, searched me, did not handcuff me as of yet. During the search, officer found a... Read more »

Gary Kollin
Gary Kollin answered on Sep 1, 2019

Yes you can be charges

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