Florida Criminal Law Questions & Answers
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 »
The police will probably check you out and discover the warrant. Depending on what Pennsylvania wants, you may be extradited
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
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 »
Q: Cannabis oil felony charge in Polk, no prior criminal history. Realistic out come of attorney is hired?
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.
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 »
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 »
Q: If a search warrant does not specify any items, is the evidence admissible?
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 »
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 »
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 »
Q: Hello, I'm a fugitive from Florida for a case in Dade County, 1997. Please advise if Justia can help.
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 »
Q: Police came to my nephew school and took his cell phone questioned him about a murder and his parents weren’t there
Like I wrote on AVVo, you and his family should have retained counsel instead of writing here. He needs to be represented NOW
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?
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...
Q: can a mother represent her child in a criminal case that no one wants
a case of police excessive force
force
No
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?
Yes
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 »
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 »
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
Polygraphs are inadmissible in zflorida
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
You should communicate with the local sheriff's office and file a complaint against him...
Q: i have 2 felonies on my record i can prove i didnt do it what can i do to get my record cleared
If you pled or fid not appeal. It is almost certain it is now too late
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?
yes
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
There are ten states where you may maintain a firearm on a college campus, Florida is not one of them.
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 »
Yes you can be charges
Q: Our business got raided with search and seizure warrant for alleged illegal gambling. No detailed inventory list left.
Beside computers they also took 50 chairs and approximitely 20 fine art pictures that were hanging as decoration from the walls. No inventory list was left. ATM was with excessive force cut open.
Now 4 month are gone by and no response to our lawyers request to return the seized items or... Read more »
Sorry. If you still have a lawyer we are not allowed to butt in.
Q: Is a "witness" only, enough to convict someone of a burglary?
The state has a "witness" who states that I was at a specific place at a specific time. He took my license plate number down and reported me that way. On my side I was able to get DMV records showing the car he seen could not have been there on the date he stated. Would that be enough to discredit... Read more »
Looks like a jury issue
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