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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: I have a record . Been too prison twice I currently on probation in two counties. 3 times in 3 yrs for driving end

Just caught the other day vop now end result is. This is for mey boy friend is in trouble

Michael  Mayoral
Michael Mayoral answered on Oct 18, 2021

It sounds like your boyfriend is on probation in two counties and just received a violation of probation affidavit. He needs to contact his attorney or public defender attorney and report to his probation officer.

2 Answers | Asked in Criminal Law for Florida on
Q: I was pull pulled over for speeding and after taking my license insurance and registration and all that came back clear

He then asked could he search my vehicle I told him no I well first I asked him what his probable cause was he said because he wanted to I told him no he brought the dog out and they alerted on my vehicle and he found a set of digital skills by the way this was not a patrol cop this was a narcotics... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Oct 18, 2021

The officer would have had grounds to pull you over if you committed a driving infraction. You complain that the Officer conducted a drug dog walk around even though you refused to consent to a search. As a result the dog alerted. The car was searched and alledged drug paraphernalia found. An... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: If I confess to a crime and 3 other people say I also did the crime would that be strong evidence against me?

It was reported on the police report and body-cam footage.

Henry George Ferro
Henry George Ferro answered on Oct 17, 2021

You may have a difficult time securing an acquittal in these circumstances. Good luck.

1 Answer | Asked in Criminal Law for Florida on
Q: if a direct appeal OR a 3.850 has ALREADY been ruled in favor of the DEFENDANT that trial counsel was

indeed ineffective,reversed and remanded for new trial and the DCA concludes that defendant established prejudice because of the ineffectiveness... does it that constitute a legal civil matter to be filed against the trial counsel for ineffectiveness?

Henry George Ferro
Henry George Ferro answered on Oct 16, 2021

This is not a criminal law question…it involves an issue for a civil trial lawyer to determine and assess liability and damages. If you are going to sue for damages resulting from this matter, you would have to deal with a statute of limitations issue which is two years.

If the case is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I’m a victim of remote neural monitoring. What should I do? Who should I contact?
Charles M.  Baron
Charles M. Baron answered on Oct 16, 2021

That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: if a trial counsel was ineffective during trial and the ineffectiveness resulted in a guilty verdict and the

Ineffectiveness was so apparent on the face of the record can a defendant file a civil suit against the attorney and sue for punitive damages and fees

Henry George Ferro
Henry George Ferro answered on Oct 16, 2021

You are presuming a great number of things…the first being that your attorney was ineffective (just because you were found guilty does not equate to ineffectiveness on lawyers part); assuming ineffectiveness does not amount to punitive damages; your first step is to file a 3.850 motion.... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Florida on
Q: My attorney from a case 6 months ago retired and I need prospective advice.

I was falsely accused with various incidents, but the accuser was caught with perjury. Can I sew for financial losses, pain or suffering? If so, what’s the process?

Michael  Mayoral
Michael Mayoral answered on Oct 15, 2021

You potentially can sue for libel/slander. However when the libel/slander pertains to criminal accusations it is a very detailed and specific analysis that is honestly too detailed to explain in an answer here. Basically, it’s a complicated legal analysis that needs to be done by an attorney.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: Where do I file a legal and/or criminal complaint if parties are in different states?

I wanted to look into filing a complaint against against some people for possible crimes, such as hacking my company's website and blackmail over the computer/text. I live in FL, they live in CA, and these incidents took place while they were in NY and CA. Can I file claims and complaints with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2021

You do not "file" criminal complaints; a prosecuting attorney for one of the several jurisdictions involved would do that. You would contact the governmental agency (such as a district attorney or state attorney in California, New York, or Florida; the FBI or Justice Department for the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Order of probable cause action can it be left blank
Henry George Ferro
Henry George Ferro answered on Oct 14, 2021

I’m assuming you are asking about an arrest affidavit. Probable cause would need to be established on the affidavit or on some other document like a warrant.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Michael  Mayoral
Michael Mayoral answered on Oct 13, 2021

Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... Read more »

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3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Michael  Mayoral
Michael Mayoral answered on Oct 12, 2021

You would sue the person who assaulted you in the same lawsuit as the PI case against your employer. I suggest that you retain an attorney to handle both matters, or tell the attorney you already have on the employer case that you also want to sue the individual.

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1 Answer | Asked in Criminal Law and Probate for Florida on
Q: In Escambia County Florida, i heard it might be possible to pay a fine instead of community service. Is this possible?

I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary

Henry George Ferro
Henry George Ferro answered on Oct 12, 2021

It is certainly within reason to have the community service converted to a monetary payment in most parts of the state

1 Answer | Asked in Criminal Law for Florida on
Q: What happens if you are in possession of a blank check that's not yours
Henry George Ferro
Henry George Ferro answered on Oct 11, 2021

That would depend on the circumstances of the possession of the blank check...my suggestion is for you to remain silent and not talk to law enforcement.

1 Answer | Asked in Criminal Law for Florida on
Q: HOW long does it usually take for the Fifth District Court of Appeal to rule on an Initial Brief
Henry George Ferro
Henry George Ferro answered on Oct 10, 2021

They work at their own pace and there is no way to predict…they rule after all briefs are presented and there may also be an oral argument.

1 Answer | Asked in Criminal Law for Florida on
Q: I was charged with cocaine possession in florida it's a 3rd degree felony this is my first felony charge. Probation?

What are the chances I'll get probation instead of incarceration?

Henry George Ferro
Henry George Ferro answered on Oct 10, 2021

Unless there is a prior history and/or any aggravating circumstances….you may likely get probation. You might also be able to get a pre-trial diversion.

GET A GOOD LAWYER!!!

1 Answer | Asked in Criminal Law for Florida on
Q: In the state of Florida is Possession of methamphetamine .10tg of a gram a schedule II offense
Michael  Mayoral
Michael Mayoral answered on Oct 8, 2021

Methamphetamine is classified as a Schedule II controlled substance under federal and state law.

§ 893.135(1)(f) (Trafficking) prohibits the sale, purchase, manufacture, delivery, or knowing possession of 14 grams or more of methamphetamine as follows:

14 grams or more is a 1st...
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1 Answer | Asked in Criminal Law for Florida on
Q: How long does it take the State Attorneys to hand over a DPA?
Michael  Mayoral
Michael Mayoral answered on Oct 8, 2021

Assuming that you are referring to a deferred prosecution agreement, typically such an offer is made at or after arraignment. In Florida, it is typically called Pre-Trial Intervention (PTI). The earliest you will be informed that PTI is the offer is at arraignment (once the State has decided to... Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro answered on Oct 7, 2021

Hire a good lawyer!!!

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: If pulled over driving, when required to show a driver's license, may I refuse to let the officer run a check on it?

My friend and I are debating a video in which a man in a parking lot, dumping garbage from his car into a dumpster, showed an officer his license. When the officer went to run the license for the man's info, he refused. He said he's a lawyer and knows his rights and the officer may not... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 7, 2021

Yes, you have to show your license, and yes the police officer can run your DL in their system. The statute is below. Pro-tip: don't pick up an arrest trying this theory out.

322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Construction Law for Florida on
Q: My inhearents is being stolen and iam the admenstator and my daughter is not allowing me to do my job amd is keepung an
Henry George Ferro
Henry George Ferro answered on Oct 7, 2021

This is not a criminal law case. It appears that if there is an inheritance and you are the administrator of the estate…you are the one that controls the distribution and management of the assets. How is your daughter keeping you from doing what you need to?

Doesn’t make sense…

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