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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and White Collar Crime for Florida on
Q: Can I get some advice please on what or how will it be the easiest but fastest way to get a friend out of jail?

Hi, I'm Zach. I’m writing in an attempt to help a close friend get released ASAP from jail due to the impending threat of the COVID-19 pandemic. I understand that many nonviolent offenders are being released. He has a serious medical condition, Hepatitis-C which has not been treated since his... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 2, 2020

Hire a lawyer and have him file a motion to release him/her on bond pending the resolution of the charges...

1 Answer | Asked in Criminal Law for Florida on
Q: My rights as victim of stolen trailer when I have found trailer

I believe I found my trailer and when police came out they found no vin numbers in either of the two places they should be they do have a title and bill of sale as do I have my title Ag detective said can’t prove it’s mine with no vin numbers So nothing he can do but neither can they prove... Read more »

Henry George Ferro
Henry George Ferro answered on Mar 29, 2020

You may file a claim in court; but it is your burden to prove the trailer belongs to you.

1 Answer | Asked in Criminal Law for Florida on
Q: What is the florida statue for the chain of custody in a criminal case?
Michael Fayard
Michael Fayard answered on Mar 28, 2020

It's a fairly complex answer for chain of custody, but start with Section 90.901 Florida Statute (Evidence Code). A good case to review is State v. Hampton, 44 so. 3d 661. You can find it on Google Scholar for free (just google the state v. Hampton, 44 so. 3d 661) if this link doesn't show up in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: What crimes in Florida law fall under the rules 3.701 and 3.988 categories 1,2,3,and 4.
Michael Fayard
Michael Fayard answered on Mar 28, 2020

Scoresheets are generally used in all Felony cases. While misdemeanors are included in "scoring", the scoresheet is not used for misdemeanor (county court) level crimes.

2 Answers | Asked in Criminal Law for Florida on
Q: how to acquire & review prosecutor`s evidence against the defendant if self resenting
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 28, 2020

Request discovery pursuant to rule 3.220.

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1 Answer | Asked in Criminal Law for Florida on
Q: What happens if i struck someone forcing their way in my gate after i gave 3 verbal warning to leave and i have signs up
Henry George Ferro
Henry George Ferro answered on Mar 27, 2020

Nothing, but I would imagine that the person you struck will probably file charges. The charges will be dependent on whether the state attorney believes the allegations that will be made against. You should keep a list of witnesses and probably hire a lawyer to defend you...that lawyer should... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: Hello! i'm a 17 year old who's currently dating a 19 year old and some problems have arose with my dad. Please help!!!

Like i said i'm 17 and they are 19. With this quarantine going on i am out of school, and currently have a lot of time on my hands so what do i do? i spend time with my significant other. We of course stay inside and are safe about the current pandemic going on and my mother knows about my... Read more »

Henry George Ferro
Henry George Ferro answered on Mar 25, 2020

There is nothing in your story that would suggest either a criminal or juvenile law...This sounds like a daddy-daughter issue and/or a mommy-daddy issue.

2 Answers | Asked in Criminal Law for Florida on
Q: Disposition released?

Charge Sequence: 1

Bond Amount: $0

Offense Type: FELONY

Charge Type: STATE

Disposition: RELEASED

Release Date: N/A

Charge Description: THEFT GRAND, FROM DWELL OR CURTILAGE, $100- $750

Bond Note: N/A

What does any of this mean?... Read more »

Michael Fayard
Michael Fayard answered on Mar 25, 2020

It depends on where this information was obtained, but see below:

Charge sequence: this is what count the charge is (basically is count 1 of a 1 charge case. Meaning there aren't multiple charges).

Bond Amount: $0 means that there was no cash bond issued (the defendant did not have...
Read more »

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: I broke up with my girlfriend 1 1/2 months ago. I stated that I want no contact from her. She respected that until

Today. She sent me a card with a money order for $40 that she owes me. I called her and told her that I want no more contact and I told her that I’m sending the $40 back. She emailed me that now she wants no more contact from me. Can I still mail her back the $40 with no letter or anything else... Read more »

Michael Fayard
Michael Fayard answered on Mar 24, 2020

In Florida, “harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. I don't the act of sending the money back to her would rise to the level of causing substantial emotional... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Identity Theft for Florida on
Q: I have s lawyer for the idenity theft. He has already had a restraining order issued years ago and charges in ga

His girlfriend and others he pays have tampered with 2 cars my landlord and jobs. I spent all day debugging my house my car and I am afraid

Henry George Ferro
Henry George Ferro answered on Mar 23, 2020

I am not sure what your question is. If I understand your ramblings, you should contact Local Law Enforcement and report the allegations that you have concerning this lawyer or anyone who is engaging in the type of conduct that you are suggesting.

4 Answers | Asked in Criminal Law for Florida on
Q: I just got a petit theft and have 2 previous with 1hold adjudication. How can I get probation

I am also on disability, where can I find pro bono help or just give me your opinion.

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 22, 2020

A third petit theft theft in florida May be charged as a felony. Instead of looking for probation why not hire a local attorney and look for motions to dismiss, suppress,etc?

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I accidentally clicked on my ex boyfriends Instagram story. I sent him a message saying i didn’t mean to. Is this hara

I then proceeded to block him. I have not spoken to him in over 6 months. His mom has tried to get me in trouble before and wanted to make sure this could not be defined as stalking or harassing

Jonathan Blecher
Jonathan Blecher answered on Mar 20, 2020

Provided the message was not a string of repeated contacts, I wouldn’t think one message classified as stalking or harassment. Good that you blocked him. Stay off IG if you can’t resist the urge to look at his profile.

1 Answer | Asked in Criminal Law for Florida on
Q: If I leave Fl to live in NY immediately after my release from prison, under 775.261, must I register at DHSMV also?

The DHSMV is closed due to Corona virus. I need to know if I can still leave without incurring criminal charges.

Henry George Ferro
Henry George Ferro answered on Mar 19, 2020

A copy of 775.261 can be found at (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.261.html).

DHSMV is available for registering yourself...be careful...A career offender who fails to register; who fails, after registration, to...
Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: i was arrested for petty theft I have proof that it was not me but it’s been 4 months with no court date what can I do
Corey I. Cohen
Corey I. Cohen answered on Mar 18, 2020

Have you spoken to an attorney, that is the first step and they can guide you in the right direction.

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3 Answers | Asked in Criminal Law for Florida on
Q: My child is 18 and they put him on hold for something he did as a minor will he be charged?
Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 16, 2020

That’s a very very vague question. The best answer I can give based on the facts of your question is maybe, depends on the prosecutor.

I’d definitely call a local attorney who can talk to the intake attorneys before a filing decision is made.

Good luck.

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3 Answers | Asked in Criminal Law for Florida on
Q: Possible arrest warrant and how would you handle this situation

My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Mar 15, 2020

In a nutshell, you kept property you knew wasn’t yours and held it for ransom. Depending on the value of the phone the state definitely has enough evidence, coupled with the statement to police.

Call a local attorney and have him/her find out if the is a capias. And don’t make any more...
Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Once attorney-client privilege has been waived, can the conversation be recorded without consent in Florida?

I have good reason to suspect that something "shady" is going on with my attorney. If I bring my "non-essential third-party" fiance' to a meeting with my attorney, thus waiving attorney-client privelege, can that conversation be secretly recorded without violating the "two-party consent rule" in... Read more »

Michael Fayard
Michael Fayard answered on Mar 13, 2020

Florida is a "two-party-consent" state, and it is a felony to record an oral conversation with someone during an in-person communication if they have a reasonable expectation of privacy. Meaning, if you recorded the lawyer in his/her office or somewhere they think is private, without permission,... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: My friend sold me some stuff that was stolden I didn't Kno it and I got a pawn loan and now I got a proble cause warrant

Do I need a lawyer or wat do I do

Michael Fayard
Michael Fayard answered on Mar 13, 2020

You absolutely need a criminal defense lawyer. If you got a pawn loan you can be charged with a multitude of charges (including defrauding a pawn broker - 3d Felony, Dealing in Stolen Property). I would call a criminal defense attorney immediately to start working on your defense. I would also... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If someone pleads no contest to aggravated stalking, can they get it sealed? If so, would the victim know/have a say

I was able to view the record last year on my county public records search, but now the record is no longer there when I search the name

Henry George Ferro
Henry George Ferro answered on Mar 12, 2020

The issue is whether you get a withhold of adjudication and whether you have any other history...whether you plead no contest or plead guilty is irrelevant

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2 Answers | Asked in Criminal Law for Florida on
Q: For obstruction by disguise; Doesn't the officer have to identify himself as a officer? He was plain clothed.

She gave a fake name when he came to the door. He didn't say he was an officer.

Henry George Ferro
Henry George Ferro answered on Mar 12, 2020

I am not to sure what your question is/are; and what the point of this question is...please rephrase your query...

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