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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Collections for Florida on
Q: My mom received a phone call from a "private number" saying someone filed a complaint about me.

Last night 9/23/2020 around 4:30 p.m., some private number called my mom and asked for me, she told them I haven't lived there in 15 years and the lady on the other line said that someone filed a complaint about me or on me and that I needed to call an "888" number with a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2020

That's not the way the civil court or the criminal court system works. Sounds like a scam or at least shady.

1 Answer | Asked in Criminal Law for Florida on
Q: My case was found Ajudicated time served and charges were done concurrent also not filed. Please clearly explain
Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

You are not making yourself very clear, therefore I suggest you pay a local lawyer to access you court file and give you a proper analysis of what happened in your situation.

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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1 Answer | Asked in Criminal Law for Florida on
Q: I have a nephew serving time for a crime that he and another guy committed only the other guy has been out for years

A man was killed, my nephew never denied his part but says he didn't do what the other guy said so the other guy gets 8 years and my nephew got life just trying to see if I could find him some help as we are not financially able to hire a lawyer and information would be greatly appreciated.

Henry George Ferro
Henry George Ferro answered on Sep 18, 2020

Your situation is too complex to appropriately address in a forum such as this one. Unfortunately you request is going to require a great deal of time and effort to properly address. You should start by contacting your nephew's former lawyer and then move forward.

1 Answer | Asked in Criminal Law for Florida on
Q: Can the police enter a home without hand delivered a search warrant ?
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 18, 2020

In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get... Read more »

1 Answer | Asked in Business Law, Criminal Law and Libel & Slander for Florida on
Q: I have been receiving defamation, phone call harassment to my business? We reported to the police couple of time.

My business, myself and employees are in fear because we are receiving phone calls, stalking with threats, online defamation to my business from a person. We reported to the police many times but didn't see any result. I really can't afford right now for an attorney and just want to see... Read more »

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

YOU ARE DESCRIBING A VERY DIFFICULT CASE, UNLIKELY TO FIND A FREEBIE LAWYER...GOOD LUCK...

3 Answers | Asked in Criminal Law for Florida on
Q: What if one of the statutes my son is being charged with is clearly not applicable due to the stated age?

The statute states 21 yoa or older and he is younger, by 3 years.

Jonathan Blecher
Jonathan Blecher answered on Sep 16, 2020

I wouldn't try to play lawyer (unless you are one) by parsing statutes, just like I won't perform surgery after reading a medical textbook. Hire an attorney to go over this issue in specific detail. Good Luck.

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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.

2 Answers | Asked in Criminal Law for Florida on
Q: If someone has a probation hearing upcoming and then probation/community control hearing followed after. House arrest??

Probation violation

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

Can you understand the relation between nuts and bolts...This combination spells prison or a stay in the county jail depending the underlying charges...Get a good lawyer that can come up with some creative ways to keep you out of spending some significant time locked up...and/or hope for an ultra... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If you get violated on a technical violation with a split sentence what happens
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 15, 2020

The “what happens” is not a ‘one size fits all’ or does it yourself’. You need to direct this question to your retained attorney. Many factors could affect the outcome. A case sentenced in the last 11 months might be treated differently than earlier sentenced cases. Of course, the kind of... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Yes can two people be charged with the exact same charges on the same case

Also can a person be arrested without a case number on the arresting report

Leonard Louis Cagan
Leonard Louis Cagan answered on Sep 14, 2020

Two people are often charged with the "exact same charges on the exact same case." There are several legal ways for a law enforcement officer to do so including:

1. Co-defendant

2. Conspiracy

3. Principle

4. Accessory

to name a few. You really need...
Read more »

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 »

2 Answers | Asked in Criminal Law for Florida on
Q: Can I sue a person who is impersonating my friend ?

Can I sue a person who is impersonating my friend by using his images on Facebook or my friend is the only person who can sue them?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

I don't know if anyone can sue, but you sure can't.

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: If a person is living at a home that belongs to them but place isn't in their name, can they say no to a search warrant
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2020

"Belongs to them but isn't in their name" makes no legal sense. As far as the law is concerned, the property "belongs" to the person who has record title to the property. In any event, the issue for a search warrant is whether the description of the property to be... Read more »

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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: Does it violate a FL statute (or case law) to tell someone you have a restraining order against them when you don't?

A person has had lots of fun for many years bragging about restraining orders they have against me when in truth, there is not and never was a restraining order.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 9, 2020

The only thing that comes to mind is defamation, which can give rise to a civil action against a defamer. So, assuming there is no restraining order against you (truth is an absolute defense), unless you can somehow prove that the disparaging comments (1) are false, and (2) are being relied upon by... Read more »

2 Answers | Asked in Traffic Tickets, Criminal Law and Collections for Florida on
Q: License suspension due to non-payment of court cost?

I have outstanding court costs that have gone to collections from 2010 to 2017 I was wondering if there was any way that I can get my license back without having to pay the full amount do to me living on social security income

Henry George Ferro
Henry George Ferro answered on Sep 8, 2020

You may be able to work something out with the clerk's office to get a clearance on your license. That may all depend on the number of cases that are pending and the locations of the tickets issued. Or, you may wish to contact a lawyer.

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1 Answer | Asked in Criminal Law for Florida on
Q: Trying to figure out the meaning of this exactly. HOMICIDE SPECIF FELONY COMMIT ACT COULD CAUSE DEATH
Henry George Ferro
Henry George Ferro answered on Sep 8, 2020

this is probably a clerk description for a felony murder case...if in doubt call the clerk of the court to confirm...

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Florida on
Q: What's the difference between a lock out and a runaway?

My son is 16 years old and lived with me for 4 years before moving back to his mother's in June 2019. His mother cut communication off between us in April.He was arrested in August and is due to be released from JDC next week. He has stated that he was homeless for two months after leaving his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 4, 2020

Your son is a juvenile and cannot be allowed to roam the streets of Florida alone. If neither parent will step up and take full responsibility for your son, then he becomes what they call "a lockout." Once that happens the State of Florida, Department of Children & Families will take... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Family member falsely gave my address when arrested, what can I do?

A few months ago a family member who has been living in another state came back to my area for a few weeks and was arrested on multiple felony charges. When he was arrested I assume he falsely provided my address as his current residence because I have received multiple letters from the local court... Read more »

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

If an arrest warrant is issued, the police probably will visit your home for the purpose if arresting him. Be prepared to prove your identity and, if you want, give them what you know about his current address.

1 Answer | Asked in Criminal Law for Florida on
Q: I was in a one sided highschool fight i did not strike back instead i was struck 3 times can i press charges?
Charles M.  Baron
Charles M. Baron answered on Sep 3, 2020

There is no such thing as a "one-sided fight". Either there was a fight, or there was one person striking another, period. Those concepts do not overlap. Assuming you do NOT mean there was a fight, but instead meaning a person was unlawfully striking you (striking for no legitimate... Read more »

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