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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: If the judge denied procedural due process regarding a controversy that because of the denial caused concrete harm is

The judge at al liable

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

Not usually.

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Florida on
Q: I was deceived in a business transaction and signed two titles to vehicles I owned for someone to sell on consignment.

I sent two trailers out of state to a trailer dealer who is going to sell them on consignment and sent the signed titles. He had promised he was going to pay me and has not. I don’t know if he sold them but he was supposed to pay me nonetheless for the trailers at delivery and he did not. There... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 30, 2021

This does not appear to be a criminal case…it is a civil law issue in contracts…you should immediately communicate you desire not to sell these trailers to the consigned.

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Real Estate Law for Florida on
Q: Being stalked, harassed, and emotionally abused in the state of LA with evidence, what is the timeframe for reparation?

A police report was filed, I still have evidence of electronic communication as well, and can most likely provide witnesses. The perpetrator was a real estate agent at the time and may have also used her resources in unethical ways to damage my reputation, stalk, and harass me for an extended... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2021

Most Florida attorneys know very little about Louisiana law. You should ask your question in Justia > Ask a Lawyer > Louisiana.

1 Answer | Asked in Criminal Law for Florida on
Q: Can i get a ccw with a possession of fire arm case open to beat the case
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

No, if you are being charged with carrying a concealed firearm, getting a permit after the fact won't make you any less guilty. I suppose it may, however, cause the prosecutor or the judge to go easier on you.

1 Answer | Asked in Criminal Law for Florida on
Q: Question

caught shoplifting at Walmart it was $320 worth of stuff. I was apprehended by the worker that worked there the police were there and they didn't even do any paperwork, not in front of me anyway that I saw them do! I was read me my rights never handcuffed . The worker downloaded some videos... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 24, 2021

Yes, it sounds right: the police don't have to do paperwork in front of you, read you your rights (unless they interrogate you and try to use what you say against you), handcuff you, or arrest you. I wouldn't complain, it looks as though you lucked out.

2 Answers | Asked in Criminal Law and Probate for Florida on
Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within the state of Florida?

The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

This is not a probate question. The answer is as long as it takes.

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1 Answer | Asked in Criminal Law for Florida on
Q: is it legal for a police officer on the phone to pretend that he is a woman who is in sever pain and ask my son to bring

a pain pill; and then arrest him for for dealing drugs! is this legal? then they searched his apartment. they found more pills lying around. they wanted my son to tell them where he got them. if I tell you he will have me killed. they are going to give him five years in jail. is this legal?... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 20, 2021

38 years of practicing law and having served as a circuit judge in Miami tells me that there is more to this fact pattern than you are sharing...You need to have a long conversation with your lawyer and lay all the cards on the table so that he/she is able to properly assist and advise your son of... Read more »

1 Answer | Asked in Criminal Law and Gaming for Florida on
Q: Can I be charged in Florida for taking my money back in a poker hand that I lost

I was in the hard rock casino Tampa Florida playing poker I have $1900 in front of me I lost the pot my understanding the pot was $900 the dealer made a mistake and flipped all the carts over try to cover his self by saying it was all in bed I got upset because he was lying and took my thousand... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 18, 2021

You may be charged, the real question is whether they can convict based on the evidence.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 18, 2021

As a former judge and attorney of nearly forty years, my suggestion is that you actively pursue any appointed attorney or public defender so that you can keep yourself informed as to the status of your case…Nothing is worse than waiting for the day of court to find things out…This also applies... Read more »

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Florida on
Q: Can a resident of a MH park be charged with trespassing for walking through an easement that belongs to the park?

I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

You should not be soliciting legal advice for your friend, no matter how good your intentions are. That would be practicing law without a license and a felony.

Your friend needs to consult with a real estate attorney to review the plats and easements. The simple and less expensive option...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If their was evidence in a case; for example a confession to a crime without proof the crime was committed, can certain

motions be filed to get recording suppressed. If their was evidence later of a recanted statement and their alleged involvement in the crime but prosecution took no interest in a sworn statement from alleged victim

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

Depending on the circumstances involved and the jurisdiction in which you are litigating, you should have received discovery and your attorney would have an opportunity to review the discovery and take depositions...Recantations would be fair game in a trial and would be used by you in your defense.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can a judge and the state deny me mention of a mental condition directly related to the instant offence?

State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: Will I go to jail if I’m a convicted felon and my roommate owns a gun?

I have been off probation for 3 years now. I have no access to the gun. I’m told it’s in lock box

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

Probably not; you don't "possess" it.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ,is it double jepordy to have probable cause found after compliant,and advisory,

, then be released on your on R.O.R then compliant an advisory again on the same charge with probable cause found again with no amendment of the felony information.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

No, it doesn't appear that the information was ruled upon, so jeopardy never attached.

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Florida on
Q: Can a lawyer be hired to investigate and bring criminal charges against someone?

Asking for the charges of insurance fraud, ppp loan fraud, falsely claiming to have a college degree, not reporting all income from a business, and driving drunk with a minor in the vehicle.

Henry George Ferro
Henry George Ferro answered on Jul 15, 2021

Generally speaking, prosecution of cases do not happen that way…I would however remind readers that state attorneys are elected officials (politicians) and they can be lobbied by people.

1 Answer | Asked in Criminal Law for Florida on
Q: can i hire an attorney for the arraignment only
Michael P Mayoral
Michael P Mayoral answered on Jul 14, 2021

Generally, it depends on the attorney. I personally let people hire me for pre-arraignment representation (including the hearing), but every attorney is different. I would personally hire someone for the pre-arraignment phase, because a lot of times they can negotiate reduced charges or a complete... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ask HOW can I obtain my jury instructions ? and WHAT does "Dummy Information provided to the jury mean
Michael P Mayoral
Michael P Mayoral answered on Jul 14, 2021

If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Juvenile Law for Florida on
Q: Hello, I’ve been losing sleep and having stress about courtday. It’s my first time getting a misdemeanor (812.015)

I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2021

Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: WHO do I send the Motion for Rehearing to? Circuit Court? In florida
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: after a 3.600 is denied, HOW much time is there to file A. Motion for Rehearing
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).

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