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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Florida on
Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that

State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Yes, the prosecution has the burden of proving the amount by a reasonable doubt. It can be subjected to weighing.

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1 Answer | Asked in Criminal Law for Florida on
Q: My wife is an alcoholic, and she continually drives our car under the influence. What can and should i do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2022

Report her to the police.

1 Answer | Asked in Criminal Law for Florida on
Q: When a person is deemed incompetent through a judge, does that mean that they have to let them go ROR if currently incar

My son is in jail for violation of an injunction for the second time, however there is a motion to dismiss the injunction. Also he had a compentency test and it stated he was unable to stand trial or enter a plea

Jeremy Lasnetski
Jeremy Lasnetski answered on Jan 21, 2022

A judge does not have to, and often won't, release a person who has been found incompetent to stand trial. Typically, that person will be sent to a hospital to be treated. This is called involuntary commitment and is authorized under Florida Statute 916.13, which lists the factors required... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can the PDs office represent me on a case and also represent my child's father on a separate case where I'm the victim

This is in Florida

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 16, 2022

It is likely a conflict of interest for the same PD Office to represent you on one felony charge and to attack your credibility on another felony charge where you are the complaining victim. You could advise the PD assigned to your case about this situation. That PD should recognize the conflict... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Police came an executed a death with warrant and had wrong address. Is it a legal search?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

The police executed a death, with a warrant; what do you mean? They had a search warrant, and someone died in the process?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I need someone to help my wife get her good time. She's is incarcerated, she needs a lawyer to put in for her good time.

She's recently she's incarcerated at Metro West and if her good time was put in she will get out in 2 months

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Gain time or "good time" is generally automatically calculated by corrections. You should not need a lawyer or a motion for this to happen.

2 Answers | Asked in Criminal Law for Florida on
Q: An individual that hired me to paint his house has filed a false report against me with local, state, fed. What can I d

The guy is claiming that I broke into his house with his girlfriend who was not aloud in his house and stole things and installed a bomb in his attic. He also claimed that I am sidelong with his girlfriend and her and I work together to under mine him whatever that means. Its all lies and the guy... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 12, 2022

Hire a competent lawyer...and don't have any further communication with this man...Document everything regarding this matter.

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1 Answer | Asked in Criminal Law for Florida on
Q: What would happen to you if you make an affidavit to confess that drugs found we're yours and not the persons in jail?

My friend is being charged with multiple counts of possession of a controlled substance that was his boyfriend's. They were together when the drugs were found next to my friend. His boyfriend was free to walk and bow is now making an affidavit stating that the drugs were his and not my... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

He could very well get in trouble when he turns in the affidavit. Another term for an affidavit where a person says they committed a crime is a "written confession." He should consult with a criminal defense attorney before he does anything like that.

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Florida on
Q: After an arrest, can the officer place you in the car with windows up and engine off while he finishes his investigation

After about 10 minutes a sheriff from the county came over on his own to show some decency and open the door for me so I could breathe.

Henry George Ferro
Henry George Ferro answered on Jan 9, 2022

This is an interesting question and you are protected by the constitution against cruel and unusual punishment. Given your fact pattern, I don’t believe that the actions of the officer rise to that level, the intervention by the deputy was appropriate and kept the situation from the escalating... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: My husband is being charged with attempt murder 2nd degree. It was a form of self defense. Will he have to serve time?

He was assaulted outside a bar . A guy punched him in the face and continued to strike him. My husband had a concealed license, pulled his gun fired a warning shot and then shot the guy who refused to back down . My husband fleed the scene however before police arrived

The state is... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 9, 2022

From your account, he should not plead guilty to this case. A note of concern is his fleeing from the scene. If you are not happy with your lawyer, find one that will.

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1 Answer | Asked in Criminal Law for Florida on
Q: Can probation search rooms that are rented out to others

Im on Community control staying with my cousin, if she rents out the other rooms in her house are they still subject to random searches even though they are not really part of the house itself ? Or they are only subject to search mine & my cousins spaces in the house ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

Did your cousin sign anything agreeing that they could search her place? If not, they could revoke your probation if she refused entry, but they could not search the premises without her permission.

1 Answer | Asked in Criminal Law for Florida on
Q: I was charged with aggravated child abuse I'm serving a 5year sentence. Can I go to work release with this charge?

Xzavier Buckhalter

Henry George Ferro
Henry George Ferro answered on Jan 5, 2022

Agh child abuse charge should not be an impediment to your participation in work release program in Florida. Sex offense charges keep you out of work release.

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: No Prior Criminal Record a Disabled Veteran with PTSD and Mild TBI served in Combat after september 11. Honorable

Charged with F2 Laviscious battery in Florida. Met person in an adult website that promised is only adults within their regulations. Person faked age and mother pursuing for this veteran to be charged. I did not know.

Henry George Ferro
Henry George Ferro answered on Jan 4, 2022

First thing for you to do is to hire a competent and aggressive criminal trial lawyer...and refrain from discussing the facts of this case on the internet...These charges are extremely serious and you are facing severe consequences if convicted. My former partner, Bruce Lehr, is a very effective... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Curious if I'm looking at actually going to jail.

I was arrested for assault on a police officer and resisting without violence. I'm a first time offender and I'm very nervous at what my punishment will be.

Henry George Ferro
Henry George Ferro answered on Jan 2, 2022

This is not a time for worrying about punishment…this is a time for analyzing the facts of the case and the potential weaknesses

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2 Answers | Asked in Criminal Law for Florida on
Q: Are their any lawyers that can file an early termination for probation on my behalf
Henry George Ferro
Henry George Ferro answered on Dec 31, 2021

There are many lawyers able and willing to be hired and provide you with competent representation. However, they will need to be compensated for their services.

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1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Florida on
Q: Can a Psych evaluation be asked for during a trial to determine the character of someone?

Hypothetical Situation: A person is a child(who is of at least 20 years of age) of someone who is emotionally abusive. The parent behaves in a way in which that makes the child feel that they are in danger. The child acts in self defense and throws something that hits the parent and the parent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

If I were the judge, I would deny the request. For self-defense, the relevant issue is whether the defendant reasonably believed throwing the object was necessary to protect the defendant from threatened force on the part of the parent. Testimony of the psychiatric evaluator would be irrelevant... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: The state has not formally charged me they have 175 I'm on day 100 what's the percentage of them picking it up
Henry George Ferro
Henry George Ferro answered on Dec 28, 2021

Keep praying that they don’t…but hire a good lawyer in preparation that they might.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Can I sue the sheriff's department for excessive damage done to my home during the execution of a search warrant?

Every window, door, window and door frames, main structure beams and much much more was unnecessarily damaged!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 27, 2021

If you own it, yes; if you are renting the place the answer is no because you do not own it.

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