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Florida Criminal Law Questions & Answers
1 Answer | Asked in Personal Injury and Criminal Law for Florida on
Q: Bitten during a fight, sustained injuries. Do I have a case?

On October 29, 2024, I was bitten by someone who was physically fighting with someone else. The bite broke my skin, caused permanent nerve and muscle damage, and left a permanent scar. An ambulance came to the scene, and I received a tetanus shot the next day. I reported the incident to the police... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2025

Yes, assuming that person didn't do it for self-defense. If that person is arrested for what he/she did to you, the prosecutor might seek financial compensation for your medical bills; find out. If not, you can sue in civil court that person for that compensation, and either way, you can sue... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Should my son speak to detectives about car break-ins in our neighborhood?

My 18-year-old son was out late at night in our neighborhood looking for scrap metal when a police officer pulled him over, mentioning recent car break-ins and thefts. The police searched his car and found nothing. Now, a detective wants to come with a partner to our house to ask him if he saw... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2025

If I were your son, I'd tell the detectives that I'd be happy to speak to them if they first put in writing that I'm not suspected of any crime, with the writing signed and dated by the detective. If they would refuse to do that, I would then say that I am not going to speak to... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Do I report adjudication withheld for traffic misdemeanor in FL on job applications?

I pleaded no contest to a traffic misdemeanor in Florida for driving with a suspended license after my car insurance coverage was dropped. The judge ruled adjudication withheld and ordered me to pay court costs and not drive without a license. I've since reinstated my insurance and... View More

Drew  Fritsch
Drew Fritsch
answered on Feb 17, 2025

This answer is based on you having no other connection to the criminal justice system. If the question is phrased "convicted of a crime" you would be correct in answering "no." If the application asks about arrests or mentions had adjudication withheld you would properly answer... View More

1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: What to expect with 2 out-of-county warrants & no bond holds?

My boyfriend was arrested on two out-of-county warrants for failure to appear at pre-trial for driving while his license was suspended. He was transported for the first warrant, which initially had a no bond hold, and he has a court appearance tomorrow. The public defender mentioned they offered... View More

Drew  Fritsch
Drew Fritsch
answered on Feb 17, 2025

I would agree with the public defender's strategy of resolving the one case fairly easily. I am assuming the other case is in a different part of Florida. That judge may or may not know what happened with regard to the other warrant. Further, the judge who issued the warrant may or may not be... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: Can I take legal action for assault by a store employee?

While attempting to exchange defective vapes at a smoke shop in Lakeland, an employee left the back of the counter to verbally insult me and physically assaulted me by shoving, pulling my hair, and punching me as I was leaving. The employee initially claimed there was video footage of the incident... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Feb 17, 2025

Hello. Unless you have severe injuries it is not likely worth a lawyer pursuing this case. There is no insurance for intentional acts, however, negligent training and supervision could provide coverage. But again, unless there is severe injuries this is not a case most lawyers will take.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Florida on
Q: How to address fabricated evidence in my son's 2015 case in FL?

I discovered a few months ago that an investigator fabricated audio recordings used against my son, who was sentenced to 18 years in West Palm Beach in 2015. These false evidence findings are now part of the public record. Despite hiring several lawyers over the years, it was only recently revealed... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 16, 2025

The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: Can a 21-year-old be prosecuted for getting a 17-year-old pregnant in Florida?

I'm 17 years old and currently living with my 21-year-old boyfriend in Florida. We are in a consensual relationship with my parents' knowledge. If I become pregnant, will my boyfriend face any legal issues or prosecution?

Rocky Brancato
Rocky Brancato pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

You two fall under the "close in age" section of Florida law. Your boyfriend will not be prosecuted so long as the activity is consensual. Here is an excerpt from our firm's blog:

A narrow exception exists under the “close-in-age” exemption found in Section 794.05,...
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1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Florida on
Q: My gf stole my phones and my laptop claiming I have incriminating evidence against me in them.

She claims to have given my property to the police. How do I find out if they actually have my things or if she's still in possession of it all? She has taken over all of my social media platforms and my emails.

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

The police would not have taken possession of those items unless they've officially opened an investigation into suspected criminal activity. While an investigation is ongoing, they generally will not disclose what they have received or are looking at, as it falls under an exemption to the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Search warrant

My friend took a 15 year prison plea deal believing that the police had a warrant to find the ''evidence'' in his phone. He never seen the warrant and now that he's in prison he decided to review his discovery. I been helping from out here. The warrant was not included in... View More

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Feb 7, 2025

Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: As a passenger of a vehicle that gets pulled over for illegal Lane change can I be searched and arrested

They searched the vehicle I a found with no weapons or warrants and 8 feel they illegally searched me after they found morning in the car but said the dog hit on narcotics but nothing in car and driver and I both out of car but they did a second search on me with out asking me

Colton Trina
Colton Trina
answered on Feb 4, 2025

Generally, a passenger of a vehicle in a traffic stop can be asked to get out of the vehicle for a reasonable amount of time that it would take to complete the stop. However, the passenger can not be searched unless the is probable cause of a crime or consent was given. Like any legal issue, there... View More

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2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Police lie about having a warrant

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she... View More

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Jan 16, 2025

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these... View More

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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
PREMIUM
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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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

David Ashley Haenel
David Ashley Haenel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

I would say NOTHING whatsoever to them and immediately hire an experienced criminal/traffic lawyer that can help you assemble documents to provide to the police officer. That may help the officer in determining that you had a legitimate reason for leaving the scene. Maybe the officer would... 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

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