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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Personal Injury for Florida on
Q: ohio to florida ymca felonious assault victim me reward lives in florida!

disability

Stephen Arnold Black
Stephen Arnold Black answered on Feb 25, 2021

Yes, if you have been assaulted On a business premises, then you can file suit against the business owner and manager based upon a theory of security negligence. Discussed your case in private with counsel here in Florida for possible contingency fee representation, which means you don’t pay... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Im my arrest report it say i possessed a certain amount of drugs bust it was less that stated in my arrest report
Jonathan Blecher
Jonathan Blecher answered on Feb 20, 2021

Often police over-weigh/estimate weight of drugs to make the charge more serious, or they weigh the drugs with the packaging creating a heavier result. Eventually, the lab will settle the discrepancy, or the State will reduce the charge to a lesser quantity. There are different sentencing levels... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Libel & Slander for Florida on
Q: Is it possible to pursue provable perjury charges on Florida Injunction and Small Claims cases?

An injunction was granted against me, small claims case was dismissed. In both cases blatant perjury was committed on both the complaints under oath and In testimony at the hearing. A different state employee is willing to testify to that fact in one area; the other claims are provable such as I... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 18, 2021

Pursuing perjury charges, like all other criminal charges, is totally up to law enforcement agencies and/or prosecutor's offices. Just as in the case of being a victim of a robbery or an assault, you as the victim of perjurious statements should contact the appropriate authorities, and make... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I bought a scooter from offer up. They guy seemed legit. I looked up the vin it comes back stolen

He told me he had the dealer receipts as well as the title but his mother could not get out of the bed he kept telling me to come back come back later come back later he has three more scooters at his house that are stolen as well how do I handle this without getting charged

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

THE "GUY" IS A STRAIGHT UP LIAR AND THIEF...YOU SHOULD CALL THE POLICE AND REPORT THIS MATTER. ALTERNATIVE IS TO CONTACT A LOCAL LAWYER AND HAVE HIM MAKE THE REPORT TO THE POLICE FOR YOU. FROM HOW YOU ARE DESCRIBING THIS SITUATION, YOU HAVE COMMITTED NO CRIME YET...HOWEVER, IF AFTER... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If I was asked if i wanted contact with the person who hurt me & i said no, can they just come get their stuff?

Stepdaughter (18) got arrested for battery-bodily harm- domestic. it was on me, before she went into the first court to set a date, i was asked over the phone if i wanted contact with her. I said no, i'm trying to figure out how to get an order of protection but can she just drop by my house... Read more »

Michael P Mayoral
Michael P Mayoral answered on Feb 15, 2021

First, if you were the victim of domestic violence in Florida, then the court should have issued a "stay away order" immediately after the arrest, which generally means that the defendant can't contact you by any means or be within 500 feet of you. The court will usually allow the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Will an arrest be made on a domestic violence case even if no arrest was originally made.?

I called the police after my ex husband strangled me. By the time the police came, he had left. She took down the details and told me she would file a report and a detective would be in contact with me.

It’s been a few days and I haven’t heard anything. Will an arrest be made? Will... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 14, 2021

Yes, the wheels of justice grind slowly but I am sure that a report will be processed, and an arrest will most likely be made. If you don’t hear anything after a week, then call the officer that took the report to get a status update.

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: What would the following be classified as under FL family law?

On January 23, 2021 my four month old son and I attended a children’s birthday party and I was recently informed by the grandmother of the two birthday boys that my ex and two adult party guests were caught on video smoking marijuana and engaging in a drug deal of some sort within 100 yards of... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 9, 2021

It really depends on what you are hoping to accomplish. If he's your ex, is there a parenting plan? Has your ex been determined the "legal" father? If you are an unwed mother, you have all of the legal rights so you are able to restrict the father's access without needing to go... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I was in a vehicle the police wanted to search I told them it's not my truck i cant give permission they searched and

found a loaded syringe under the passenger seat inside of a makeup bag is this illegal search and seizure

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 1, 2021

You don't indicate whether anyone, you, the owner, or someone else, was charged. If so, here are some more questions the defendant's attorney might want to ask:

Were you in possession of the vehicle?

If the owner, or the person who is being charged was in possession of...
Read more »

1 Answer | Asked in Child Custody and Criminal Law for Florida on
Q: My friend legally purchased but did not register a gun and it was found by police in the room she and her Bf share.

He is a felon and took the charge because she has a pending DCF case. If she goes back and takes the charge, having no priors, is it possible she would just get probation and not jail time?

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

What would the charge be, failure to register a firearm? To my knowledge, Florida doesn't require registration, the boyfriend could be charged with being a felon in possession, but I don't think there is any charge she could "take".

1 Answer | Asked in Criminal Law for Florida on
Q: I am wondering what happens if a person gets pulled over while driving someone elses car?

Person A Lent Person B his car, but Person B lied about his identity, and thus does not actually have permission to drive the car, and is not on the registration or insurance. What happens if he gets pulled over?

Jonathan Blecher
Jonathan Blecher answered on Jan 30, 2021

If a police report is filed for auto theft, the person may be arrested. The police report should identify the name of the person to whom the car should have been loaned to, and the identity of the person who took the car by false pretenses, if known.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: if you have domestic violence charges pending and the child services calls should I talk to them or get an attorney?
Jonathan Blecher
Jonathan Blecher answered on Jan 27, 2021

Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.

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2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: How longs does attempting to flee and Elude stay on your driving record
Jonathan Blecher
Jonathan Blecher answered on Jan 13, 2021

In Florida, criminal traffic violations remain on your driving history for 75 years. They can’t be expunged or sealed.

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

No, it's not an arrest.

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My mom doesnt want me living with her .. is there anyway i can sue my mom or press charges on her even though im 17?

My mom was really abusive to me and my sister. We are adopted and we are about a year and a half apart and me and her can share memories on when mom would kick and punch and slap us and hit our heads against a wall and she almost drowned my sister one time. When i was 16 i started running away... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 13, 2021

Claims against your mother can be lodged in either civil or criminal court. For the criminal proceedings, you may contact local law enforcement or Department of Children and Families.

A civil claim is somewhat more complicated and expensive, you may contact a local lawyer. I will,...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If evidence in a criminal case was obtained illegally but was revealed during the duration of the case; can newly

But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?

Jeffrey H. Garland
Jeffrey H. Garland answered on Jan 10, 2021

The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How long is an extradition to a neighboring county on a FTA misdemeanor charge.

The FTA charge was petty theft. This is a family member and I'm out of state. This is all new to me having to deal with the wrong side of law. What can I do from another state. They are being held in the neighboring county. This is in the state of FL

Henry George Ferro
Henry George Ferro answered on Jan 5, 2021

Hire an attorney that can take care of this matter...

1 Answer | Asked in Criminal Law for Florida on
Q: Hello i was arrested for agg assault with a firearm after i was attacked i had my concealed weapons permit and defended

Police took the attackers side and not my side of what happened

Jeffrey H. Garland
Jeffrey H. Garland answered on Dec 31, 2020

This is where you need to get an experienced criminal defense lawyer to address the facts of your situation one by one. Remember that police are not prosecutors or judges. Police can easily make a wrong decision in the heat of the moment. Your lawyer should position your evidence and witnesses in... Read more »

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