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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Florida on
Q: If i plead guilty to sales and being investigated for a death resulting will they charge me if i plead out to the sales

I have been being investigated for a year now for a death resulting. I havent plead guilty to my sales charges from a year ago because im afraid if i do they are going to charge me with the dealth resulting. Im doing so good now and just had a baby and have been sober for a year and did lots of... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 23, 2020

Your case is in New Hampshire, but you posted this inquiry to Fla. attorneys, who cannot advise you unless they happen to be a member of the New Hampshire Bar. In any event, this is definitely not an issue that you can get an answer to from any attorney, anywhere, simply by posting an on-line... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: if you admit to doing an act after they already got someone for it (petty theft) can you still get in trouble for it?

my son (15) stole a Trump flag and his 18yr old friend got cited (petty theft 2nd degree 1st offense) for it. Now the friend wants my son to sign an affidavit admitting that he did it so this friend can take it to court. Can my son now get in trouble for it months later?

Leonard Louis Cagan
Leonard Louis Cagan answered on Nov 19, 2020

If you admit to a crime you can be prosecuted for it unless the Statute of Limitations has run. The State will have to have evidence that a crime occurred before that admission would be admissible. You never want to see an innocent person prosecuted for something they didn't do, however your... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Criminal Law for Florida on
Q: If the driver dies in a car accident in Florida, & they are driving someone else car with no license, who is responsible

I borrowed my girlfriends car. I told my sister she could use it to take her boyfriend home. She didn't & instead asked a friend to drive hin using my girlfriends car. The friend driving my girlfriends car wrecked & was killed. Would the owner of the car insurance cover the cost of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. The short answer to most of your questions is that the insurance company that insured the car that was wrecked is the best source to get answers to all of your many questions.

2. Second guessing them I will only say that you and your sister and everyone else involved here have DIFFERENT...
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1 Answer | Asked in Criminal Law for Florida on
Q: Can State Threaten to enhance your charges after 17 months incarceration if u wont take a plea bargain on trafficking

My child’s father has been incarcerated on trafficking charges for 17 months and refuses to except a plea bargain because they did not find anything in his possession it was in a dumpster near him allegedly now the state attorney is threatening to enhance his charges claiming higher weight Can... Read more »

Henry George Ferro
Henry George Ferro answered on Nov 14, 2020

They can charge whatever the proof will bear...your lawyer could better explain based on the discovery that the state has provided.

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: I was molested by a Catholic priest when I was 16/17 years old. I was given alcohol and money.

I never told anyone. 38 years later, I told another priest from my childhood. He never reported it to anyone including the Diocese of Orlando or Florida’s DCF. Did he commit a crime by not reporting abuse that happened when I was a teenager? Are mandatory reporters supposed to report past cases... Read more »

Henry George Ferro
Henry George Ferro answered on Nov 11, 2020

He is not, in my opinion based on your assertions, a mandatory reporter. The priest hearing your confessions is not required to make a report under the circumstances you are alleging.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Florida on
Q: How does two party consent law apply when using a phone call in a criminal case that was not consented to by the other

Party

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2020

While the recording of the call might be considered illegal if in violation of the consent laws, it's use as evidence probably would not be excluded unless it was done by the government.

1 Answer | Asked in Criminal Law for Florida on
Q: Is Act 1491 of 2009, which automatically restores firearm rights after completion of Drug Court, retroactive?

If a defendant received expungement in 2010, but was sentenced in 2008, are they eligible for automatic restoration of firearm rights?

Please consider the following:

Act 1491 of 2009

Sentenced under: Arkansas Drug Court Expungements (ACA 16-98-303(g))

Jonathan Blecher
Jonathan Blecher answered on Nov 9, 2020

Repost in Arkansas section, not Florida.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

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

I am sorry to inform you that there may never be an answer to this dilemma because the dispute involved two different kinds of insurance companies--neither of which will ever accept the claim.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If I have an open case but caught another charge an my bond was revoke would i be able to get another bond
Leonard Louis Cagan
Leonard Louis Cagan answered on Nov 9, 2020

In most jurisdictions, no. One of the conditions of bond is that you not commit any new crimes. The new charge will violate the conditions of bond on the old case. The State or the Judge on their own motion can request a revocation of the bond on the first case. You are going to need to speak to an... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for Florida on
Q: Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?

Our son wants to press charges on his ex-girlfriend who ran over his foot with HIS car, but officer is saying he can't because he went in front of a moving vehicle. Briefly: Oct. 25, as son drove into the parking lot of ex-girlfriend's residence (she was passenger), an argument started.... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 6, 2020

Whether criminal charges may be initiated is solely the decision of law enforcement - either the police or the State Attorney's Office (prosecutor's office). If the reporting officer refused to either charge or commence a criminal investigation, you could try the intake office of your... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My public defender won't take me seriously, return my calls, file the motions or waivers that I continuously ask him to.

He does the complete opposite and just brushes me off and acts as if I'm stupid. Can I take a legal waiver, fill in my information and correct areas, and send it in without him? Basically forcing him to follow suit in a way. Will my forms be legal?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 5, 2020

If you are represented by an attorney, strictly speaking you cannot file documents on your own. You should consider asking the attorney to withdraw and either proceed pro se (generally not a good idea) or get another attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a no-contact order is violated in a criminal case by the defendant,can the victim get in trouble by taking his call?

This is a domestic violence case involving my 20 yr old daughter. The judge imposed the order in the beginning and said it would add to his charges if violated. He calls her from prison daily violating the order. Can she get in trouble by taking these calls? These calls are coming to her cell phone... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 3, 2020

You should notify the State Attorney that he's calling and violating the Order. Keep a record of the calls. Your daughter should not speak with him, but if she does the only thing she should say is "don't call me". Inmate calls from jails are recorded, so there will be a record.

1 Answer | Asked in Criminal Law for Florida on
Q: Is a search warrant valid if the person doesn't live at the address given on the warrant? Technically he's homeless.

Jacksonville Florida is where this happened and he was accused of armed robbery but did not live with me was not on my lease and my name wasn't on the warrant either. They said they had probable cause but I'm not sure they did I'm looking into that. There are inconsistentcies on the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2020

The warrant should specify the place to be searched. If that place is your address, they can search there.

2 Answers | Asked in Criminal Law for Florida on
Q: Pending battery charge against me, unsure what I can do or what to expect

My boyfriend was arrest in April for battery against his sister. His sister ended up dropping the charges and the case was closed. On 10/7 he ended up hitting me and was arrested for DV. But now on 10/16 charges were filed against me for the April incident and I’m not sure what to do. I have not... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 21, 2020

Hire a lawyer...

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2 Answers | Asked in Criminal Law for Florida on
Q: I'm being accused of burglary of unoccupied dwelling on which isn't true and I didn't commit the offense. a person

Without my permission at all video taped me outside of the dwelling on there cellphone can the video be used in court proceedings or not

Henry George Ferro
Henry George Ferro answered on Oct 21, 2020

The simple answer would be yes...if all of the preliminary issues are dealt with.

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2 Answers | Asked in Criminal Law for Florida on
Q: My son signed to be extradited to FL, he has since decided against this because he needs to fight a case in GA before

Addressing the FL case. Is it possible for the extradition to be canceled. If so how does he go about it?

Jason Michael Reid Esq.
Jason Michael Reid Esq. answered on Oct 20, 2020

He would need to address the validity of the extradition in Georgia, a Georgia lawyer would be a more appropriate source for this information. Best of luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: If a court has denied me access to my arraignment,what can i do?

This denial was due to my inability to wear a facemask. Which i showed the guards my doctors exemption & was still denied access. Marion county florida

Henry George Ferro
Henry George Ferro answered on Oct 20, 2020

File a request with the judge and attach a copy of the doctor’s note and request that the court allow you to appear without a mask...or the smarter approach is to hire a lawyer.

1 Answer | Asked in Criminal Law for Florida on
Q: i can afford a lawyer this isnt arraignment this is my court date it was prolonged you to covid I basically forgot about

Final court date tomorrow no lawyer no public defender this is past arraignment I'm basically defending myself what do I do NE advice would help

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

How do you forget that you have been charged with a crime? Does it happen so often that you lose track of your cases? The night before court, you’re asking for advice? What a mess you are. Tell the judge you’re stupid, which won’t be difficult for her to agree with, and request a postponement... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: was ares.march 1st felony and mis drug have court tom no att or public def. never been n trble w the law WHAT DO I DO

with the plandemic goin on and everything being tossed around, Ive been extremly busy and me being clueless with the courtroom i just need some!advice pls TY

Jason Michael Reid Esq.
Jason Michael Reid Esq. answered on Oct 19, 2020

Contact the clerk of court. If you cannot afford an attorney ask for an indigent application. Also, ask how you can appear for your arraignment.

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