Florida Criminal Law Questions & Answers
Q: case law about prosecuting a case based on a knowingly false police report?
Matthew J. Olszewski's answer
It wouldn’t be the first time and won’t be the last time that the prosecutor didn’t know everything law enforcement did or was doing. Everything law enforcement did should be disclosed to your attorney and if it wasn’t, your attorney is entitled to know why it wasn’t disclosed and potentially could get the evidence excluded through something called a Richardson hearing. But at the very least, the court should give your attorney more time to review the newly disclosed evidence.
It wouldn’t be the first time and won’t be the last time that the prosecutor didn’t know everything law enforcement did or was doing. Everything law enforcement did should be disclosed to your attorney and if it wasn’t, your attorney is entitled to know why it wasn’t disclosed and potentially could get the evidence excluded through something called a Richardson hearing. But at the very least, the court should give your attorney more time to review the newly disclosed evidence.
Q: If I have a misdemeanor warrant in Polk county can I fly safely domestically
Matthew J. Olszewski's answer
There shouldn’t be any issue with you flying domestically. Any international travel, however, will almost certainly result in the warrant being flagged and you being arrested. If there is a bond associated with the warrant, you can contact a local bondsman and ask them about doing a “walk thru” which would only involve you spending a few hours in jail.
There shouldn’t be any issue with you flying domestically. Any international travel, however, will almost certainly result in the warrant being flagged and you being arrested. If there is a bond associated with the warrant, you can contact a local bondsman and ask them about doing a “walk thru” which would only involve you spending a few hours in jail.
Q: Haven't heard from my lawyer in three weeks have called texted numerous times to get an update. What do I do
Matthew J. Olszewski's answer
I would keep trying to contact the attorney and/or his/her office. April 9th is still a ways away, so you have some time. If you still don’t hear back, try stopping by the attorneys office to make sure everything is ok. But the bottom line is, if you are worried about court, it’s always safest to just show up. Worst case scenario, your attorney is there and nothing happens, but if your attorney doesn’t show up, it’s best if you are there to explain to the judge what is going on with the...
I would keep trying to contact the attorney and/or his/her office. April 9th is still a ways away, so you have some time. If you still don’t hear back, try stopping by the attorneys office to make sure everything is ok. But the bottom line is, if you are worried about court, it’s always safest to just show up. Worst case scenario, your attorney is there and nothing happens, but if your attorney doesn’t show up, it’s best if you are there to explain to the judge what is going on with the...
Q: Will a suppression hearing take care of my charges?
Matthew J. Olszewski's answer
A suppression hearing can take care of any charges if the Judge determines that you were searched illegally. So if the probation officer had no legal justification for searching your person or property, then a motion to suppress could result in your charges being dismissed if the judge agrees that the search was illegal.
A suppression hearing can take care of any charges if the Judge determines that you were searched illegally. So if the probation officer had no legal justification for searching your person or property, then a motion to suppress could result in your charges being dismissed if the judge agrees that the search was illegal.
Q: My license was suspended in court 2 week ago but the dmv is saying it is still valid. Can i drive?
Matthew J. Olszewski's answer
Sometimes it can take a while for the suspension to get transmitted from the court over to the DMV, but until the DMV shows that your license is suspended there should be no issues.
Sometimes it can take a while for the suspension to get transmitted from the court over to the DMV, but until the DMV shows that your license is suspended there should be no issues.
Q: Two teachers held my 7 year old down and cut her hair i have already filed assualt charges I need a lawyer to help me
1 Answer
| Asked
in
Civil Litigation, Criminal Law, Family Law and Civil Rights
for
Florida
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Andrew Lawrence Moses' answer
The criminal charges will be handled by the State Attorney's Office and retaining your own attorney is not necessary. However, you may consider retaining a lawyer to act as your advocate in the criminal case. If you are considering a civil law suit you will also need a lawyer. Your questions does not indicate your intentions so my response is fairly general.
The criminal charges will be handled by the State Attorney's Office and retaining your own attorney is not necessary. However, you may consider retaining a lawyer to act as your advocate in the criminal case. If you are considering a civil law suit you will also need a lawyer. Your questions does not indicate your intentions so my response is fairly general.
Q: My boyfriend used his then girlfriend's cc over the phone for car repair. She later disputed the chrg of about $3,600.
Matthew J. Olszewski's answer
The crime has nothing to do with whether or not the money was returned or not. I’m assuming the charge is unauthorized use of a credit card. In simple terms the simple act of using someone’s credit card without their permission is the crime. So whether or not, the money was returned or not is irrelevant to the crime. The fact that the money was returned though should make the case easier to deal with and since he has no criminal history in most jurisdictions, he should be eligible for some...
The crime has nothing to do with whether or not the money was returned or not. I’m assuming the charge is unauthorized use of a credit card. In simple terms the simple act of using someone’s credit card without their permission is the crime. So whether or not, the money was returned or not is irrelevant to the crime. The fact that the money was returned though should make the case easier to deal with and since he has no criminal history in most jurisdictions, he should be eligible for some...
Q: I hired a attorney for a felony, that the state dropped before I even had a court date,am I entitled to a refund
Terrence H Thorgaard's answer
There should be a written contract between you and the attorney and that contract should provide the terms by which you are or are not entitled to a refund. But it's not true that "he never had to do anything"; he got the case dropped. That's essentially everything.
There should be a written contract between you and the attorney and that contract should provide the terms by which you are or are not entitled to a refund. But it's not true that "he never had to do anything"; he got the case dropped. That's essentially everything.
Q: My husband got locked up last night for going into someone's apartment with a BB gun.
Andrew Lawrence Moses' answer
Your husband needs to retain an attorney. You do not indicate what he was arrested for, but clearly he was arrested and now needs assistance.
Your husband needs to retain an attorney. You do not indicate what he was arrested for, but clearly he was arrested and now needs assistance.
Q: Is there a 10 day cool down period before you can file request for arrest after you've been assaulted
Andrew Lawrence Moses' answer
No, if you are the victim of a crime you can immediately file a police report. The law enforcement agency will then do the investigation and will either obtain an arrest warrant from law enforcement or send the case to the state attorney's office for review.
No, if you are the victim of a crime you can immediately file a police report. The law enforcement agency will then do the investigation and will either obtain an arrest warrant from law enforcement or send the case to the state attorney's office for review.
Q: I would like to know about what happens when someone becomes a convicted felon
Andrew Lawrence Moses' answer
This is a very broad question and much will depend upon the felony that someone is convicted of. A person will lose the right to posses a firearm. They will lose the right to vote for a period of time and perhaps permanently depending upon the conviction. If you are contemplating entering. This is a good website for collateral consequences of a felony conviction. https://niccc.csgjusticecenter.org
This is a very broad question and much will depend upon the felony that someone is convicted of. A person will lose the right to posses a firearm. They will lose the right to vote for a period of time and perhaps permanently depending upon the conviction. If you are contemplating entering. This is a good website for collateral consequences of a felony conviction. https://niccc.csgjusticecenter.org
Q: Can I be charged with grand theft of my friends dog
Andrew Lawrence Moses' answer
You cannot hold a dog ransom until you are paid for dog sitting. You may have a valid civil claim against your friend. If you refuse to return the dog, you could be charged with theft.
You cannot hold a dog ransom until you are paid for dog sitting. You may have a valid civil claim against your friend. If you refuse to return the dog, you could be charged with theft.
Q: Should I believe the DEA when they tell me I'm not in trouble? Can they arrest me for something non-drug related?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law
for
Florida
on
Answered on Mar 14, 2019
Answered on Mar 14, 2019
Andrew Lawrence Moses' answer
The DEA can arrest you for something non-drug related. If you were approached by a DEA agent, I think that you should contact an attorney who could then reach out to the agent to determine your roll in an investigation. Perhaps you are simply a witness, but you could also be a person of interest or a target of an investigation. This is not something you want to just wait and see.
The DEA can arrest you for something non-drug related. If you were approached by a DEA agent, I think that you should contact an attorney who could then reach out to the agent to determine your roll in an investigation. Perhaps you are simply a witness, but you could also be a person of interest or a target of an investigation. This is not something you want to just wait and see.
Q: Charged for crime which friend in car committed.
Andrew Lawrence Moses' answer
This is a constructive possession case. The government is trying to argue that although you did not have actual possession of the contraband, you had the ability to exercise dominion and control of the item(s). It is not a situation where a motion is going to get a case dismissed. You need an attorney.
This is a constructive possession case. The government is trying to argue that although you did not have actual possession of the contraband, you had the ability to exercise dominion and control of the item(s). It is not a situation where a motion is going to get a case dismissed. You need an attorney.
Q: My daughter who is 21 was caught at Target Tallahasse with a pair of socks she pulled from a packet.
Malcolm Anthony's answer
I'm not sure what your question is, but petit theft or retail theft is a common first offense for many young people and the system is accustomed to this type of defendant, charge, and the effect of this on her future. Without a prior criminal history, a good lawyer should be able to get this type of case diverted. A diversion is a contract she would sign with the State Attorney's Office to do some things like community service, maybe a theft class, etc. and stay out of trouble for 6 months to a...
I'm not sure what your question is, but petit theft or retail theft is a common first offense for many young people and the system is accustomed to this type of defendant, charge, and the effect of this on her future. Without a prior criminal history, a good lawyer should be able to get this type of case diverted. A diversion is a contract she would sign with the State Attorney's Office to do some things like community service, maybe a theft class, etc. and stay out of trouble for 6 months to a...
Q: Is it possible to get a only a fine for 2nd petty theft charge
Andrew Lawrence Moses' answer
Yes, it is possible to be sentenced to a fine for petit theft (second offense).
Yes, it is possible to be sentenced to a fine for petit theft (second offense).
Q: How likely would it be fore someone who was arrested on felony drug charges to get out on drug court or probation?
Andrew Lawrence Moses' answer
The question seems to assume that the person is incarcerated. If someone is incarcerated and does not bond out of jail they will be remain in jail until the case is resolved. There is no set time on when someone can be sentenced or referred to drug court. This person's attorney should contact the prosecutor if they are trying to negotiate a resolution.
The question seems to assume that the person is incarcerated. If someone is incarcerated and does not bond out of jail they will be remain in jail until the case is resolved. There is no set time on when someone can be sentenced or referred to drug court. This person's attorney should contact the prosecutor if they are trying to negotiate a resolution.
Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?
Kevin D. Slattery Esq.'s answer
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal...
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal...
Q: Can you be charged for drugs if they didn’t locate any drugs?
Andrew Lawrence Moses' answer
Your question is fairly broad. You could be charged with a conspiracy to traffic in drugs. You could not be charged with simple possession of drugs if no drugs were found. More specifics are needed to give you a more complete answer.
Your question is fairly broad. You could be charged with a conspiracy to traffic in drugs. You could not be charged with simple possession of drugs if no drugs were found. More specifics are needed to give you a more complete answer.
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