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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Florida on
Q: If you were originally charged with a felony, but give a misdemeanor probation if you violate in Florida, is it a felony

Can the judge revoke the misdemeanor and reinstate the felony?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 2, 2023

If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I was set up for a drug sale during the pandemic. Are there any laws at all that could help me since it was a pandemic?

I was set up in 2020 by UCs on a controlled sale. It was in the middle of the pandemic. It really is bugging me that the whole world was completely shut down from a global pandemic where everyone lost there jobs and cops were out there trying to buy drugs from people. So I’m wondering if there is... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 1, 2023

While law enforcement efforts in many areas slowed down considerably, your thought that law enforcement resources should have been paused during this period is ludicrous. The pandemic didn't stop you from selling drugs, did it? Why should police efforts stop. Should police have stopped making... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: An adult tenant assaulted minor children for the second time what are my rights moving forward with the landlord

A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 1, 2023

A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was let go on self-defense how long does the police have to make a decision on if I’m going to be charged or not?

I was never arrested, I was taken in for questioning and was let go the same night. I didn’t have to bail out.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 29, 2023

Prosecutors will make that decision.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can a judge force you in the day of your trial force you to represent yourself if you do not have a lawyer in the day of

I no longer have a lawyer due to my terminating him cause of incompetence. The judge denied a continuance for me to hire a new lawyer and said I would have to defend myself at trial but I know nothing about the law.

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

It is unwise to terminate your lawyer without promptly hiring another lawyer as a replacement.

Many defendants do this in order to delay a trial or other important hearing.

You absolutely have the right to terminate your own attorney at any time for any reason, but exercising your...
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1 Answer | Asked in Criminal Law for Florida on
Q: A detective came to our home while no one was home and proceeded to jump our back yard fence and take photos.is it Legal

Hey detective came to our home in hopes of meeting with us in person and showing us a video he claims we are in when nobody answered the door he proceeded to go to our backyard and jump our fence to get in the yard and take photos is this legal action?

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 25, 2023

No. It's not legal. Law enforcement need a warrant to enter your property unless exigent circumstances exist. Any evidence obtained during this illegal entry should be inadmissible in court. You could file a complaint with the officer's department, but there's no civil claim I can... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

1 Answer | Asked in Criminal Law for Florida on
Q: This is my first offense in trafficking drugs with cocaine how high my changes to get the case drop or probation
Michael Olowu
Michael Olowu PRO label
answered on Jan 23, 2023

First of all, sorry to hear you got arrested. When it comes to trafficking in cocaine, the punishment depends on the quantity in your possession. The fact that this is your first offense will be taken into consideration.

Secondly, I need more information to advise you on your chances of...
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1 Answer | Asked in Criminal Law for Florida on
Q: What's the difference between statue S893.135(1)(c)4B1 and S893.135(1)(c)4A

My husband was charged in his statute was S893.135(1)(c)4B1 and then his charge was amended and it's showing S893.135(1)(c)4A

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2023

Apparently, the state is now claiming that the amount of the illegal drug is "4 grams or more, but less than 14 grams". If he is convicted, an enhanced sentence will be imposed.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: What state would I need to hire a lawyer to have firearm rights restored if I was convicted in nc but moved to fl?

Conviction was non violent, I compleated my probation in nc and then moved to Florida. I'm not sure if I would need to hire a Florida lawyer or a nc lawyer to have 2nd amendment rights restored.

Charles M.  Baron
Charles M. Baron
answered on Jan 8, 2023

You're assuming you must hire a lawyer, which is not necessarily the case, but a lawyer could do the "homework" and communications for you, saving you time. As to where you need to initiate the process, it's likely in the State where you were convicted. Read the entire page... Read more »

2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2023

No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?

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2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 9, 2023

The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final... Read more »

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1 Answer | Asked in Criminal Law, Collections and Legal Malpractice for Florida on
Q: Ingram maintenance charged membership bank froze account no affiliate to Ingram

Never sign contracts app

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2023

There is not nearly enough information for any lawyer to be able to advise or help you. Retain a banking lawyer.

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can I legally concealed carry a firearm without a permit in Florida while fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2022

No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: Attempt mur n FL 43ys ago on 10y old boy, ☎️law did nothing & DCF also. Boy n NC

My mother tried to kill me 43 years ago, with a frying pan. I gave a statement to Buncombe county sheriffs office about a month ago however, I have not heard back from them maybe because it’s a case that comes out of Florida. I want to know before going down there to press charges against her if... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about your terrible ordeal. What I'm about to tell you here is not a reliable professional opinion; for that, you need to schedule a consultation with an attorney with expertise in Florida criminal homicide laws, and you should be able to arrange a virtual or telephonic... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I told my landlord that his rent was in my apt, and not to let anyone in. He did anyways. Was it him or me that's robbed

Someone I thought a friend kicked in my door and started taking my things. I told the landlord I lived alone and to not let anyone in. He did anyways. My so called friend was clever enough to print out some that looked like mail with my address on it. So the police made no arrest and I was taken... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 27, 2022

Depending on the circumstances, your landlord might be complicit in the theft. But it is you, and not the landlord, who is the victim.

1 Answer | Asked in Criminal Law, Child Custody and Civil Rights for Florida on
Q: How do I find out if my parental rights have been taken from me or not?
Charles M.  Baron
Charles M. Baron
answered on Dec 27, 2022

Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).

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