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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: Legal advice for drug trafficking charge in Fl?

My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More

Rod Caruco
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answered on May 13, 2024

Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More

1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B...
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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I've been charged with failure to return hired vehicle. The sworn affidavit has dates not right, they lied. Help

My contract and extension dates don't match affidavit. Plus my husband's direct deposit debit card was put in file for the last extension before I was stoped and surrounded by state police filming the stop(traumatic). I'm 55 my husband was in PA our motor home burnt to the ground and... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2024

The way for you to get the help you need is to promptly schedule a consultation with a lawyer in your area. You said you are "charged", which I assume means a criminal charge. If so, seek a criminal defense attorney. You can click on the Find a Lawyer tab at the top of this page and... View More

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

James L. Arrasmith
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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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1 Answer | Asked in Criminal Law for Florida on
Q: My pti specialist told me when I payed for my last drug screen and received the results that I would be done

I asked her how I would know I’m done but I get no answer , do they send a letter that I finished or call?? How does the completion process work ?

Leonard Louis Cagan
Leonard Louis Cagan
answered on May 1, 2024

Although PTI is fairly standard statewide, it is governed by local practices and the original written agreement. The agreement usually has a specific timeframe but may allow for early termination of the PTI if all of the conditions are completed. The entity that is charged with supervising the PTI... View More

1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
James L. Arrasmith
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Rod Caruco
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answered on Apr 15, 2024

Generally, yes. If law enforcement is legally conducting a search concerning one offense, and while doing so find evidence of another offense within the scope of the legal search, that can be charged. Even if the original offense is dropped.

However, you mentioned you may not have been...
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2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested for a petty theft where they Search me without permission and my belongings and then I gotta A drug charg

They later dropped the theft and now I have a drug charge is that still possible

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 16, 2024

If you were being arrested the police can search you because you are being arrested. (Incident to arrest) They do not need your permission. To attack the search after the arrest will be difficult but not impossible. If the officer had probable cause to believe that you had committed theft. That can... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you're in a very frustrating and unfair situation. Pretrial Intervention (PTI) programs are meant to provide an alternative to traditional prosecution, allowing defendants to complete certain requirements in exchange for dismissal of charges. However, it seems the terms of your... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: I'm expected to comply to all conditions of my PTI contract or I will be violated and they will prosecute . But they

I decided to accept the states offer of a PTI basically for financial reasons after discussing my case with a attorney. I was informed that I would get early release if I completed everything and all fines, court cost,etc were paid by 90 day review or at 180 day review. I completed everything in 90... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 15, 2024

PTI is a good program that allows a defendant to earn a dismissal of a case by completing the agreed upon conditions. As mentioned by the previous attorney, it is a contract between the State and yourself. The terms of the contract dictate what happens. I trust you read the contract carefully and... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Under ‘Hearsay’, can the State use the testimony/transcripts of a deceased person in a retrial?

And if so, why and what are the requirements necessary for the State to be able to use the testimony/transcripts of a deceased person in a retrial?

*This question is in regards to a criminal case that was vacated, and a retrial was ordered due to fundamental error in jury instructions.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2024

Yes. Florida Statute 90.804 (2) (a) provides that testimony "given as a witness at another hearing of the same or a different proceeding, [is admissible] ... if the party against whom the testimony is now offered, ... had an opportunity and similar motive to develop the testimony by direct,... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

James L. Arrasmith
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answered on Apr 1, 2024

In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You...
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1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More

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1 Answer | Asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida on
Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More

James L. Arrasmith
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answered on Mar 28, 2024

To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation... View More

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: When is a DA Form 3881 (rights warning procedure/waiver certificate) required in conjunction with a DA Form 2823?
James L. Arrasmith
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answered on Mar 26, 2024

When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Florida on
Q: did observation of a marijuana grinding device warrant a legal search of driver and vehicle after examining med card

I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More

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