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Florida Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Florida on
Q: Is this possible prosecution for credit card fraud

My sister has opened several credit cards in someone else's name, even got to withdraw a total about $5,000 from a Wellsfargo ATM (cc belonging to Wellsfargo) months ago, but this has happened over the course of a year or so, and nothing has happened, and today she received two calls she... Read more »

Andrew Popp
Andrew Popp answered on Apr 28, 2021

In short, yes. She will want to speak with a criminal defense attorney to represent her rights for these likely felonious charges. Depending on the number of charges brought, she could be looking at quite a long stay in federal prison.

1 Answer | Asked in Federal Crimes for Florida on
Q: So a tweet was made about someone on Twitter saying that they allegedly sexually assaulted someone

I didn’t post the initial tweet but I reposted it on a Instagram account as so did many other pages I’m now being asked to come to a mediation and being charged for defamation is this possible?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 20, 2021

I don't know why you posted this in "Federal Crimes", defamation is not a crime, but it can lead to civil liability. And normally mediation can be ordered after you've been sued, normally not before.

2 Answers | Asked in Consumer Law, Contracts, Personal Injury, Business Law and Federal Crimes for Florida on
Q: Is my CPA at fault for our identity theft? She was hacked some months ago and should have cyber security in place.

The IRS would not accept our 2020 tax filing because one was already filed. Our 3rd Stimulus check was also stolen because our CPA was hacked. She later informed me of this and said some of her other client's data was also stolen and used. She should have adequate cyber security in place... Read more »

Linda Liang
Linda Liang answered on Apr 20, 2021

You said "She should have adequate cyber security in place". Do you have reasons to believe she does not and the fact that she does not caused the hack?

These are key findings to determine whether you have a cause of action based on negligence.

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: 4 years ago I was convicted of DV with Adjudication Withheld, am I able to own a firearm? Thanks.
Jonathan Blecher
Jonathan Blecher answered on Apr 13, 2021

An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.

1 Answer | Asked in Civil Rights, Criminal Law, Animal / Dog Law and Federal Crimes for Florida on
Q: My friend owns a non-profit sancturary and some of her cats where stolen. The police are saying it is a civil matter.

What can she do to try and recover them? They know who did but dont know what she did with them. They maybe on some property the person owns but how would you go about legally checking the premises for them? They have asked around and none of the animal rescues or animal control have seen them and... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

Not sure if you're getting the whole story. When the police say it's only a civil matter, it's usually because there's an ownership dispute between the person missing the property and the person who took the property. Another possibility, I suppose, is the other person just... Read more »

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Florida on
Q: Why isn't Marjorie Taylor Green not in federal prison . Threatening government officials of the United States is a felo

Here is the million dollar question . Why isn't Marjorie Taylor Green not serving 5 years in federal prison . Threatening government officials of the United States is a felony under federal law. Threatening the President of the United States is a felony under 18 U.S.C. § 871, punishable by up... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 29, 2021

Taylor Greene is a bottom-of-the-barrel, evil, ignorant miscreant and should be expelled from the House. However, thus far, I have seen no stories of her threatening the President or other officials with violence. There are stories of her posting the "like" icon on other people's... Read more »

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 »

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?

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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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: I threw away previous tenant's son mail, without knowing it is ilegal

Hello, Could you please help me? I am not from the US and I am not that familiar with the mail laws. I know I am not supposed to open other people's mail. I moved in to a new house on February and I have been getting a lot of mail from other people here, I threw away all of it without knowing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

It is doubtful that you did anything wrong or, if you did, that you will be charged. If postal authorities contact you, don't say anything until you have consulted with an attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: If a officer pulls over a vehicle & ask to see drivers license but notice a green substance (marijuana) does that give

Them probable cause to search passengers & the vehicle?

Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 14, 2020

There are ample cases saying that there would be probable cause in such a situation. The legalization of hemp and medical marijuana might change these rulings over time. If there is pc to search the car, then the police can have passengers exit and they can be subjected to a protective search. The... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: What can I do to get a friend released early from Federal Prison

He has been incarcerated 15 years, and there is some stupid charge from 2003 holding him back, how do I resolve this issue? He would be eligible for early release if this case Was not in his way.

Jonathan Blecher
Jonathan Blecher answered on Jul 18, 2020

I’d work on getting that case, and it’s hold, resolved. Depending on the facts, it could be dismissed.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Florida on
Q: I was helping a friend move the roommate headbutt me. I called the cops and pressing charges can I sue her?

What would be the course of action? And what can I do being that I was assaulted? What type of lawyer do I use. TY!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 4, 2020

Yes, you can sue, if you have suffered bodily injury and resulting damages (medical expenses, etc.).

2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: If you have a large knife and try to stab it at police but do not do any damage and you tell police you tried to murder.

This will be considered attempted murder or no? I think it will since I graduated from law school 5 years ago but I am not sure.

Henry George Ferro
Henry George Ferro answered on Jul 3, 2020

Duh...yes there us enough to arrest and charge attempted murder...This is obvious even for a non-law school grad...

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1 Answer | Asked in Business Law and Federal Crimes for Florida on
Q: if I live in FL, and ship plants to CA, and they catch me.. do they charge me with a crime, how does that work

when people ship plants without going through proper channels, do those people risk jail? are stats like CA a bigger risk to ship to due to their own laws on top of federal regulation?

or is the mail just taken and if you do it a lot, they will come talk to you and see what going on type of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

This potential criminal law situation sounds very important to me--and is certainly not the kind of question you should be asking lawyers online in a very public legal forum. Use the Find a Lawyer tab on the top of each page to find help.

2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: if protesters are blocking a road or highway

do i have all legal rights to drive "slow" through them AFTER giving them ample warnings and time to move. Now lets say i do drive and these people turn violent. do i just "floor" it and plow through them? Central Fl.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

Go around. If, hypothetically, the "turn violent", what you might do would depend on the circumstances. But the best advice would be for you to avoid the situation.

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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: What is the difference legally between something like Monopoly money and counterfeit money? Just curious.
Terrence H Thorgaard
Terrence H Thorgaard answered on May 27, 2020

Monopoly money is not printed with the intent that it will be mistaken for real money. So it is not given in tender for payment of (real) debt.

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Florida on
Q: I want to cancel a surety bond (criminal) and get my name off I do not want the money back

I don't believe she will show up for her court dates and do not want to be responsible or jeperdize my assetts how do I get the bondsman to cancel the bond

B. Elaine Jones
B. Elaine Jones answered on May 17, 2020

You just contact the bail bondsman and tell him you want to revoke your bond assistance and they can rescind the bond and pick up the individual and put them back in jail where they will have to try and get a bond posted for them again. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Federal Crimes and Military Law for Florida on
Q: Military BCD and felony joy riding, 40yrs ago, wanting my gun rights restored. Clean since then, Any Chance?

Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... Read more »

R. Davis Younts
R. Davis Younts answered on May 15, 2020

Good Morning,

It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had...
Read more »

2 Answers | Asked in Federal Crimes and Juvenile Law for Florida on
Q: So my daughter has been arrested for attempted murder ( charged as a juvenile) how long can they hold her?

So my daughter was with 2 of her friends in the car ( she wasn't driving the car) , her friend was . One of the friends had a gun in the backseat and shot it at the person car. My daughter was laughing during the incident and recording it , and they charged her also but why was she charged... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2020

Obviously they are charging her because they are not sure who may be guilty of what. She should ask these questions of her attorney, and in the mean time say nothing to anybody else.

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