Get free answers to your Criminal Law legal questions from lawyers in your area.
I was charged with domestic battery 9 years ago due to a neighbor's complaint. The case resulted in a "NO FILE" disposition with a "NOT GUILTY" plea, and no restraining orders were issued. My spouse and I are still happily married after 12+ years and recently bought our... View More 
answered on Apr 17, 2025
Given the age of the alleged crime and given that U.S. Citizenship & Immigration Services will be focusing on the past 5 years (or 3 years if basing your case on marriage & cohabitation with your U.S. Citizen spouse) for evaluating good moral character, you should be ok if that is your only... View More
If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More
answered on Apr 4, 2025
You are actually asking a criminal law question. If your parents are on board and no one is taking the matter to the police or the State Attorneys Office then no one is going to prosecute just because he signs the birth certificate. Speak with a local criminal defense lawyer for more specific... View More
In Florida, my case is set for trial. The original charge was for synthetic Cathinone, based on a positive field test by an officer. However, recent lab results from the FDLE show it tested positive for cocaine instead. Can the state attorney change the charge from synthetic Cathinone to cocaine... View More
answered on Apr 1, 2025
The basic answer to your question is that the State Attorney can amend the charge at any time including during a trial until the case is given to the jury to deliberate. If the charge is amended, the State Attorney will need to Arraign you on the new charge. They do not need to rearrest or re-book... View More
In Florida, my case is set for trial. The original charge was for synthetic Cathinone, based on a positive field test by an officer. However, recent lab results from the FDLE show it tested positive for cocaine instead. Can the state attorney change the charge from synthetic Cathinone to cocaine... View More
answered on Apr 3, 2025
Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially... View More
I was convicted in 2015 for false identification to a pollen broker and possession of stolen property valued at $5000, and placed on probation. I violated this probation with a new charge of robbery with a firearm. I was arrested and there was a hearing related to the probation violation, resulting... View More
answered on Mar 31, 2025
It appears that the new charge, robbery, was in addition to the previous charges, to which you were placed on probation. If you were also convicted of the robbery charge, yes, that would be a new, separate violation. Your attorney should have made sure you understood.
My son is currently facing criminal charges in Miami, Florida, and has been diagnosed with brain cancer since being incarcerated. His court dates keep getting postponed, and the latest one was supposed to be today but didn't occur. He is feeling unsupported by his court-appointed lawyer, who... View More
answered on Mar 29, 2025
The only pro bono representation available for criminal court is the Public Defender's Office and other court-appointed lawyers. However, there are jail/prison rights advocacy organizations that might be able to provide assistance regarding the medical treatment issue. One is the Florida... View More
Hi, I’m planning to interview a person who uses steroids and an illegal steroid dealer for a YouTube video. I’ll be blocking the dealer’s face and voice for anonymity. I just want to confirm if it’s completely legal to feature these interviews, or if there are any potential legal issues I... View More
answered on Mar 28, 2025
From a civil law perspective: Best to get each interviewee's signed consent, specifying in detail exactly what you will do with the video(s), how long the video(s) will be public, and releasing you from any liability in connection with the video(s); otherwise, you are potentially opening... View More
I was arrested on a first charge for possession of a controlled substance and now have a warrant for my first violation of probation (VOP). Although the violations are technical, they have been written up as a material violation. Could you explain what typically happens in this situation and how I... View More
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answered on Mar 23, 2025
The answer to your question would require a little more information. It sounds like you are on felony probation and allegedly violated some conditions not indicating a new arrest. If the warrant has already issued it will likely have a bond recommendation which more often than not is a no bond... View More
My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More
answered on Mar 19, 2025
The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More
My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More
answered on Mar 19, 2025
Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More
I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More
answered on Mar 17, 2025
Sorry, had typo in my previously-posted answer: Second line from bottom "ability to remove one for cause...." should read "ability to remove any for cause...."
I am facing a possession charge and have a trial scheduled for next month. My public defender told me I could leave the courtroom, which led to a warrant for failure to appear, even though I was present. This was resolved with the judge, who lifted the warrant after we explained the... View More
answered on Mar 17, 2025
Sorry to hear about this incident that is worrying you. First, you currently have a lawyer - your APD (Asst. Public Defender), with whom you should discuss these concerns. That discussion might alleviate your concerns. If you have doubts about your lawyer's competence and/or veracity, you... View More
I've received a criminal summons for petit theft from Walmart that occurred 2 years ago in Sebring, FL. This is my first offense, involving theft over $100 and is classified as a second-degree misdemeanor. I have not had any communications or settlement offers from Walmart. I haven't... View More
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answered on Mar 13, 2025
You should definitely consult with an attorney prior to your arraignment. If the property was worth $100 or more it is actually a first degree misdemeanor punishable by up to a year in jail. If you can't afford to hire a private attorney you can apply for the public defender as well. Wal-Mart... View More
A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More
answered on Mar 13, 2025
If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More
A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More
answered on Mar 14, 2025
You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.
In Florida, what can I expect after violating my probation by not meeting my probation officer and leaving the state without permission? I have been on probation for about three months, had a prior violation for an additional charge that was later dropped, and left because I did not have anywhere... View More
answered on Mar 13, 2025
I would recommend contacting a local attorney familiar with the court that your case is in. If you leave the state and do not continue to report, you will be deemed an absconder and will probably face incarceration.
I would not relish having to always look over my shoulder waiting to be... View More
I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More
answered on Mar 13, 2025
Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More
I had just rented a room when police officers responded to a disturbance call, stating it was at 17:45, though body cam footage shows they arrived at 18:35. The officers immediately wanted to search for drugs, mentioning we were across from a known drug motel. Several officers were present, and... View More
answered on Mar 9, 2025
That would depend on what you mean by whatever actions made you feel "antagonized". The issue is whether there was voluntary consent. Coercion, threats, etc. may render a "yes" to be involuntary. To get advice, you must consult a lawyer to go over the incident in detail. I... View More
I am a 74-year-old female who received a citation for petty theft after allegedly taking four dog treats from a store. The store staff did not witness the act, and there is no video surveillance. However, I did admit to a police officer that I took the treats for my sick dog to avoid going to the... View More
answered on Mar 6, 2025
It's best to hire counsel. If you cannot afford it, you could try the Florida Bar Lawyer Referral Service, which has a LOW FEE panel of attorneys available or low income individuals. But if you don't hire counsel, here's a couple tips. First, a status conference is not a judicial... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
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answered on Mar 10, 2025
In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her... View More
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