Florida Criminal Law Questions & Answers

Q: How many days do they have to file a seizure of property from the day they took the property in the state of Alabama

1 Answer | Asked in Criminal Law, Employment Law, Child Custody and Child Support for Florida on
Answered on Jan 17, 2019
Terrence H Thorgaard's answer
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.

Q: I was charge with interference with emergency request for assistance class A do I lose my gun rights

1 Answer | Asked in Criminal Law for Florida on
Answered on Jan 16, 2019
Terrence H Thorgaard's answer
Depends on whether the charge is for a felony, and on whether you are convicted.

Q: Can a 18 year old consent to all ages like 30 or 32 in Florida

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Answered on Jan 16, 2019
Terrence H Thorgaard's answer
Consent to having sex with persons of all ages? Yes.

Q: My ex girlfriend refuses to remove me as an authorized user from her credit card, is this legal?

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Florida on
Answered on Jan 5, 2019
Terrence H Thorgaard's answer
An "authorized user" is not obligated to make the payments, so what does it matter to you?

Q: How many days does it take to grant a motion to withdraw plea in broward county, FL for a 2nd degree misdemeanor?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 30, 2018
Gary Kollin's answer
Dear RJ,

This is the problem when you go pro se. You do not know what to do and what will happen.

Sincerely

GK

Q: If a US citizen assisted with a murder in Thailand 2001, could they still be charged in America after confessing to it?

2 Answers | Asked in Criminal Law for Florida on
Answered on Dec 30, 2018
Terrence H Thorgaard's answer
Normally, the murder would have to be committed in Florida to be a crime under the laws of that state. If it was committed in Thailand, it would probably be a crime there, not her.

Q: Are chances better with private attorney than if defending self on VOP drug offender case 1st offense in Palatka, FL?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 26, 2018
Gary Kollin's answer
Considering he has no job and no assets, he should reapply as it sounds like he now qualifies

Q: How long do i have to inspect discovery items?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 22, 2018
Terrence H Thorgaard's answer
Ask your public defender; that's one of the reasons you have one.

Q: Is it illegal for a 16 year old to date a 20 year old and same for a 17 year old dating a 21 year old?

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Answered on Dec 16, 2018
Charles M. Baron's answer
Depends on what you mean by "date". If there's zero sexual activity of any kind, no legal problem.

If there is sexual activity, and the younger person ends up claiming something sexual was done without his/her consent, there is a risk of prosecution under the Fla. Statute that states:

"A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does...

Q: How long will a grand larceny warrant stay active in indiana if no arrest is made?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
Why didn't you ask your question in Justia › Ask a Lawyer › Indiana› Criminal Law ›? And what does this have to do with Florida law?

Q: I was arrested on December 8, 2018 for DUI. Will I be going to jail?

1 Answer | Asked in DUI / DWI and Criminal Law for Florida on
Answered on Dec 11, 2018
Kevin John Mawn's answer
The answer to your question, for the DUI, depends on the urinalysis. If you do not have controlled substances in your system, then the State of Florida has no chance of proving Driving Under the Influence. If you test positive for controlled substances, the prosecutors will still have a difficult time proving your poor driving was due to the consumption of the controlled substance. For example, marijuana can remain in your system for many days. That does not mean your normal faculties today...

Q: Can you be charged twice in different parishes for the same unauthorized use of a moveable

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 5, 2018
Gary Kollin's answer
This is a question for a Louisiana lawyer

Q: Wife told police husband had a gun they stop him dui and found gun where wife said no complaint was filed by wife can

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Answered on Dec 5, 2018
Gary Kollin's answer
Yes. The police can reveal who told them. No matter what if it was a valid stop for DUI then they had the right to arrest him and to tow his car

Q: Stopped by LP in Target for taking $30worth of cleaning supplies. Said not pressing charges and police were not called

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 3, 2018
Sasha Dadan Bonna's answer
You may be facing criminal charges for theft. Contact my law office for a free consultation at sasha@dadanbonnalaw.com.

Q: florida law is it legal to coherse someone encompacitated to sign a document changing their will and get poa at same tim

1 Answer | Asked in Criminal Law for Florida on
Answered on Nov 29, 2018
Eric J Dirga's answer
If it can be shown that a Will or a Power of Attorney was signed by coercion or by a person not mentally competent, it should be disregarded. This decision is by a court and you have to raise this in that forum. Find a lawyer that practices estate planning for further guidance.

Q: Need probono for warrents in Hillsboro pls help

1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Answered on Nov 23, 2018
Eric J Dirga's answer
See if you qualify for Legal Aid in Hillsborough County.

Q: Shoptlifting at Target in Florida

2 Answers | Asked in Criminal Law for Florida on
Answered on Nov 22, 2018
Gary Kollin's answer
How many times do you need to ask the same question?

Q: is it possible to get clemency for a sexual battery charge?

2 Answers | Asked in Criminal Law for Florida on
Answered on Nov 14, 2018
Gary Kollin's answer
Anything is possible but the likelihood in my opinion is zero

Q: Do the courts have jurisdiction if defendant is arrested on a warrant not signed nor affidavit for search warrant?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Answered on Nov 7, 2018
Gary Kollin's answer
First, you need to look at the original as many police agencies only deliver unsigned copies.

Even without jurisdiction over the defendant a prosecutor can still file charges and then (re)arrest the defendant

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