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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Florida on
Q: My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jan 14, 2025

That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the... View More

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3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Florida on
Q: I left the scene of an accident due to my wife's medical health emergency. Now the FL police are calling for for me

Hollywood FL police are calling it took place in hallandale FL what do I do now

Charles M.  Baron
Charles M. Baron
answered on Jan 13, 2025

Leaving the scene of an accident due to an emergency is understandable, but you may have a situation that called for promptly initiating contact with the police as soon as feasible to explain the problem. Now that you failed to do so, you might be charged with a crime (and possibly arrested) with... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

I was convicted of vehicular homicide, accepted a plea which included 4 years of prison time and a 6 year license revocation beginning after my release. I should be eligible for a hardship license, but the DMV is advising that my suspension is not in effect. I have the disposition sent to the DMV... View More

Michael Rubin
Michael Rubin
answered on Jan 9, 2025

good questions

First, go to the website for the clerk of court in the county in which your conviction took place

Look for the Final Judgment and Sentence, and look for the Public Record documents regarding the DL suspension

I absolutely agree the suspension should start at...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

I was convicted of vehicular homicide, accepted a plea which included 4 years of prison time and a 6 year license revocation beginning after my release. I should be eligible for a hardship license, but the DMV is advising that my suspension is not in effect. I have the disposition sent to the DMV... View More

Noel Howard Sohn
Noel Howard Sohn
answered on Jan 9, 2025

If the DMV does not have a record of the court-ordered disposition to suspend your license, it’s crucial to take the proper steps to resolve the issue. Sometimes, documents do not get sent or received between the court and the DMV, leading to discrepancies. Here’s how to proceed:

Step...
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1 Answer | Asked in Criminal Law for Florida on
Q: My boyfriend was released and put on drug court came home and violated with a misdemeanor

That charge was dismissed & now he has a court date Monday to be re evaluated for drug court , will he get out that day if he agrees to do drug court again ?

Robert Edward Heyman
Robert Edward Heyman
answered on Jan 6, 2025

Being charged with a new misdemeanor charge immediately after being accepted into a drug diversion program presents real problems for your boyfriend apparently of his own doing. More than likely his bond will be revoked for the original case and he may be removed from the diversion program.... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hi my boyfriend was in drug court in Florida and ended up getting a battery charge

He was in drug court and has spent over 30 days in jail , the victim in the case, signed a waiver prosecution and spoke to the state attorney’s office and was told that this charges are gonna get dropped because it was an accident and our friend ended up calling the police just being on the phone... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2024

From what you indicate, the state attorney's office has agreed to reduce or dismiss the charges. The new court date is to present the plea agreement to the judge and, if the judge agrees, have him released.

1 Answer | Asked in Criminal Law for Florida on
Q: Discrepancies in Jail Credit Days and Records. What needs to be done?

I am seeking information on behalf of a friend currently incarcerated. While reviewing their case documents, I discovered discrepancies in the judgment and sentence documents, as well as inconsistencies in the case information provided through the Miami-Dade Clerk of Courts' Criminal Justice... View More

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

The question you ask is best answered by the attorney who handled the case because it is more complicated than you might think. Credit is typically given based on time spent in jail after arrest for a specific case. If two cases are handled together, they may still have differing amounts of credit... View More

1 Answer | Asked in Criminal Law for Florida on
Q: When a drug charge is dropped but they keep the paraphenlia charge which was the bags it was in is this legal
Jeffrey H. Garland
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Jeffrey H. Garland
answered on Dec 8, 2024

You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What kind of lawyer do I need for a case of Failing to Stop and fleeing and eluding charge

I’m also in a Completely different time zone which makes it harder to Consult these matters

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 17, 2024

You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My next court date says misc criminal fel what does that mean

I've been going to court for a year

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

It's some sort of hearing relating to a felony prosecution. What the "miscellaneous" hearing is all about would depend upon local criminal practice.  

For a felony, you definitely need an attorney, either one appointed to represent you or one you can hire. If you...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How should my friend proceed with his case?

My friend was involved in a traffic stop after being accused of threatening someone with a gun. He says he gave the police consent to search for a gun (none was found) but not to open any bags or containers. The police found drugs in a bag while conducting the search. He is currently being charged... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 11, 2024

It appears that your friend gave limited consent to the police to search the interior of his car which was ignored by the police during the actual search. I would be curious to know the description of the bag in which the drugs were located. Large enough to have contained a firearm? If not, then he... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal to be charged for the same charge in two different states
Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 4, 2024

Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Could you tell what are the responsibilities when a state prosecutor is involved with a criminal case?
Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

As a former prosecutor in Pinellas County for 15 years, my function was to thoroughly investigate all criminal cases referred to the office by law enforcement and determine whether a prosecutable case existed and what was the likelihood of obtaining a conviction. The prosecutor's function is... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Walmart loss prevention made me sign a paper

Walmart loss prevention made me sign a paper trespassing me not alowing me to come back for 2 years police was in the room but t I don’t think they charged me with anything

If the police didn’t give me anything was I not criminally charged and just the store saying for me to not come... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

You will need to speak to a local attorney. A Walmart employee is authorized to request that you be trespassed from their store. If you signed it and agreed, then you cannot go back to the store because you have been warned. This does not necessarily mean that you are not being charged. Law... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More

3 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?
Charles M.  Baron
Charles M. Baron
answered on Oct 22, 2024

If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that... View More

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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Florida on
Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?

REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set

A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket.... View More

Rod Caruco
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.

Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended,...
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