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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: I have a friend who was detained but not booked. What does that mean?

They haven't charged him with anything

Henry George Ferro
Henry George Ferro answered on Jun 29, 2020

You should be contacting a lawyer...a person cannot be held against his/her will without being charged...your friend needs to inform the people holding him/her to charge him or release him/her.

1 Answer | Asked in Criminal Law for Florida on
Q: I have a felony warrant in Minnesota can I get a Florida license or Id card now that I reside in florida
Henry George Ferro
Henry George Ferro answered on Jun 29, 2020

You should be able to obtain a Florida ID card...you may also be eligible for a Florida DL unless there is something in your background that would prohibit that...A felony warrant would not prevent either unless the warrant (the charge itself) would legally block your ability to get the license.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: Pregnant minor

What can you legally do when a 17 year old teen gets pregnant and runs away to boyfriends house?

Charles M.  Baron
Charles M. Baron answered on Jun 27, 2020

Are you referring to your daughter, who is unmarried and has run away to stay at another home for more than 24 hours? If so, you may call the police, as the parties sheltering your daughter without your consent are breaking the law (Fla. Statutes Section 985.731), and/or you may call the following... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Hello I have a friend who was arrested on an accusation. Are there any criminal lawyers who are willing to help. Please!

The only so called "Evidence" they have is the ex- girlfriends accusation. He was declared indigent and has been Sitting in jail because he cannot afford bail. Judge denied a bond reduction because he has a prior.

He feels as if the public defender is not doing anything in his... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 26, 2020

You should communicate with the Florida Bar regarding potential attorneys willing to provide services at reduced rates and/or pro bono...You are not telling me anything about the facts of the case and therefore cannot provide any comments regarding the status of the case and/or an approach to the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If you point a loaded BB gun at police but do not shoot, what will be the crime charge in Florida?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2020

Florida Statute 784.011 reads as follows: 

"Assault.—

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: So if the burglary was inside the vehicle and the murder outside the vehicle a block away constitute felony murder
Stephen Arnold Black
Stephen Arnold Black answered on Jun 20, 2020

Any murder whether intentional or not that happens during the commission of a dangerous felony falls under the felony murder rule. All people who either conspired to commit the dangerous felony and/or actively participated in it can be prosecuted for felony murder. This is irrespective of whether... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Why was I arrested just because someone said I was the one who sold them a dump trailer that he was in possession?

The man told the cops that my husband and I sold him a huge dump trailer that he was in possession of but he was never arrested for dealing in stolen property. My husband has served a year in county jail due to this accusation. When neither of us took anything. They keep trying to put me on... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Jun 20, 2020

Your comments reflect your personal beliefs. Your comments do not reflect the actual evidence, or the lack of evidence on an issue. The State should have listed every witness. You should collect all actions and reports related to each witness, then consider what that witness proves. The trailer you... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Q: Could a burglary of a vehicle and a a killing outside a vehicle a block radius away be considered felony murder?

My brother is incarcerated for felony murder in the commission of a burglary. The facts if the case is he attempted to steal the car by breaking the ignition when police came he exited the vehicle and escaped that scene. Police was not chasing him. A block radius away he killed someone by a... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2020

Ultimately that issue is a jury question and the death results during the commission of a felony.

1 Answer | Asked in Criminal Law for Florida on
Q: How Long after probation is completed do I have to wait to buy a gun? (Florida, Adjudication withheld, Non violent)
Jonathan Blecher
Jonathan Blecher answered on Jun 17, 2020

Under Florida law, you would be ineligible if you received a “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a leo charge a person while only using an unlawful video recording and witness statements by people too far to see

Can a leo charge a person with dvb when he saw a video of only one side of incident and only took statements from witnesses to the other side however failed to even mention other witnesses who were closer to parties involved than the others the mentioned in the report? Also the video was taken... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 17, 2020

You are writing from Louisiana, but posted this query for Florida attorneys - so what is the location of the arrest? Laws on recording without consent vary by State. And what is "dvb"?

2 Answers | Asked in Criminal Law, Health Care Law and Sexual Harassment for Florida on
Q: wife is 34 wks pregnant, due To sexual harassments from her doctor, we need a transfer of care but the dr refuse to give

We have been trying to get a transfer of care referral from her current doctor, he is refusing to give that To her. Because he thinks she is leaving him to a doctor that he referred her to go, to get our babys ultrasound. But in reality is because sexual harassment she suffered from him. What can i... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 17, 2020

Get all of your evidence together and find a lawyer who will write a letter to your insurance company and/or file a declaratory action in Court or simply find another doctor...

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1 Answer | Asked in Criminal Law for Florida on
Q: So i got set up by under cover officer i never touched the drugs just took the cash.they take me down town have me sign

Up to be ci i was under influence and was never booked on any charges they just released me.is there way to beat this or get out this entrapment.

Henry George Ferro
Henry George Ferro answered on Jun 16, 2020

First and foremost, please never talk about your case/cases to anyone, including on the internet on sites like this...secondly find a lawyer as fast as you can...and finally based on the facts that you are claiming you could be found guilty...

2 Answers | Asked in Criminal Law for Florida on
Q: What is search and seizure patdown improper
Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

Your question does not provide sufficient information to give a proper analysis...

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2 Answers | Asked in Criminal Law for Florida on
Q: Can I be convinced of poss of cocaine if only 2 empty baggies were found and they were not field tested nor sent FDLE
Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

It is the responsibility of the State of Florida to prove beyond and to the exclusion of a reasonable doubt...I hope that you have a competent lawyer to defend you...The State of Florida must prove that you possessed cocaine...

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why would public defender not want to do depositions to prove what victim said was untrue.

Also victim stated she was intoxicated at time her statement was recorded isn't that inadmissible. Also there is a drug possession charge but no FDLE report so it's my understanding that a possession conviction can not be obtained.

Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

There are reasons for not taking depositions...although from the sound of your question, yours is the type that depositions should be taken...You need to have a heart to heart conversation with your lawyers and, if you are not satisfied with the response, you should and are able to seek a second... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: CAN MY STEP SISTERS FIANCE HAVE ANY INVOLVEMENT IN MY CASE WHERE I WAS ARRESTED ?
Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

Based on the very limited information you provided...your sister's fiance may have but there are insufficient facts to properly answer your question...

1 Answer | Asked in Criminal Law for Florida on
Q: IN MY DISCOVERY THERE IS SOMEONES CASE INFORMATION AND DEATAILS WHICH HAS NOTHING TO DO WITH MY CASE WHAT SO EVER.

MY CASE INFO IS ON ONE SIDE OF THE PAPER FLIP IT OVER AT THE TOP MY NAME AND CASE NUMBER ARE THERE BUT THEN IT GOES INTO SOMEONE ELSE CASE DETAILS/INCIDENT THAT IS NOT RELATED TO MY CASE IN ANYWAY .COULD MY CASE BE TROWN OUT BECAUSE OF TEHE MISTAKE?

Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

NO...

2 Answers | Asked in Criminal Law for Florida on
Q: PROBONO ATTORNEY FOR DESOTO COUNTY ARCADIA FL
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

Try the local bar association

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2 Answers | Asked in Criminal Law for Florida on
Q: WHAT DO I DO IF I FEEL LIKE THE JUDGE IS PROFILING ME IN OPEN COURT ? WHAT IS CINSIDERED PROFILING ?
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

Do you mean you feel the judge has pre-judged you or your case? That’s going to be up to your attorney to request recusal (judge sends case to another judge). Good luck.

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2 Answers | Asked in Criminal Law for Florida on
Q: LEGAL ADVICE FOR CRIMINAL CASE

ALSO IN MY DISCOVERY i RECIEVED THERE IS SOMEONE ELSES CASE THAT HAS NOTHING TO DO WITH ME OR MY CASE WHAT SO EVER . BUT MY NAME AND CASE NUMBER IS ON THE TOP WITH THIS OTHER CASE. ON MY FIRST MEETING WITH MY PUBLIC DEFENDER SHE STATED i NEED TO EXCEPT RESPONSIBILITY AND MAN UP AND BASICALLY TAKE... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

If you believe your PD has a conflict of interest, you can ask the court to remove the PDs office and appoint an attorney from the Regional Conflict Counsel office.

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