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Florida Criminal Law Questions & Answers

5 Answers | Asked in Criminal Law for Florida on

Q: I need a lawyer for a drug case

Justin Gary Hausler answered on Jun 25, 2019

In which county is your case? When do you have court?

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4 Answers | Asked in Criminal Law for Florida on

Q: I need a lawer for my case meth and drug paraphernalia and driving first

Justin Gary Hausler answered on Jun 25, 2019

The Possession of Meth charge is probably a third degree felony. Paraph. is a first degree misdemeanor. Which county is prosecuting you? When do you have court?

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2 Answers | Asked in Criminal Law for Florida on

Q: What happens if my criminal tragic citation was not turned in when I arrived for my court date

I was used the citation while attending my sons field trip 2 hours from hom so I had to take off work and drive 2 hours to be told my citation wasn’t turned in yet and now I have received a new court date in the mail

Justin Gary Hausler answered on Jun 25, 2019

More information is needed. What is the citation charge? Is your court date an arraignment? What county is it in? You should procure a lawyer whenever you're charged with a crime.

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2 Answers | Asked in Criminal Law for Florida on

Q: If I was arrested for possession of control substance..which was marijuana, was givin pre trial release.

And now in the process of getting medical marijuana card before court date. Would this help me in any way??

Henry George Ferro answered on Jun 20, 2019

I don't believe that obtaining a medical marijuana card before the court date would be beneficial...you may try, but the issue is whether you were in the possession of a controlled substance at the time of your arrest...You should discuss this matter with your lawyer...and see if your circuit has a... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Juvenile Law for Florida on

Q: How long can you get if you are a minor at the age of 16 and get caught with a warrant?

Gary Kollin answered on Jun 17, 2019

A warrant for what?

Anyone under 18 is a minor

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Florida on

Q: Can I move my 16yr. Daughter in with me since her grandmother with custody kicked her out. I have unlimited visitation.

My 16yr. Old daughter has been kicked out by her grandma who has custody. Her grandma hasn't even been in the home with my daughter she is in a nursing home and my daughter has been left to fend for herself and now she has kicked her out. I live in another state can I move my daughter In with me... Read more »

Bruce Alexander Minnick answered on Jun 14, 2019

Wow. There is way too much at stake here for you to be searching for legal answers to explosive questions posted on Justia. I will say that if your daughter's grandma has been given legal custody of you daughter by a Florida court of law you must start by seeking to change that court order before... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on

Q: Can *private* universities in Florida set their own policy regarding firearms possession, storage, concealed carry, etc?

In accordance with Fla. Stat. § 790.06(12), concealed carriers are prohibited from carrying lethal weapons on any college or university facility. The statute does not specify whether private universities/colleges are included and whether they can set their own policy regarding firearms. Can... Read more »

Malcolm Anthony answered on Jun 12, 2019

Generally, private property owners can regulate activity on the premises of their property. Because vehicles are the most common mode of transportation for individuals and the right to carry a firearm in a vehicle while "securely encased," the exception to this general provision (private property... Read more »

1 Answer | Asked in Criminal Law, Collections and Elder Law for Florida on

Q: my mom lives in Delray and was taken advantage of by painter . They took her money but did not finish. Who can help us?

I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

2 Answers | Asked in Criminal Law for Florida on

Q: I got Charged with battery against my mother… I am 17 years old, should i take the plea deal given to me?

my mom is an alcoholic we got into it that night and i ended up punching her in the face, i don’t know anything about the law and this is my first offense, i don’t know what to do and i have no idea if the plea deal is the right way to go. i have a future and this will literally ruin my entire life.

Gary Kollin answered on Jun 8, 2019

Are you going to follow the advice of some person you never met and only communicated a songle time with a few words over the internet?

You have an attorney who you should confer with.

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1 Answer | Asked in Criminal Law and Civil Rights for Florida on

Q: Do you have to answer cops if they asks you a question or do you have the right to remain silent/ leave the area

My friend was in his car in a apartment parking lot when all of a sudden two cop cars come out of nowhere one blocks he entrance and the other pulls up to my friend and starts asking him a bunch of questions like what is your reason here, do you have illegal substances. And not only that the cop... Read more »

Terrence H Thorgaard answered on Jun 8, 2019

Of course you can refuse to answer, but leaving the area depends on other circumstances.

1 Answer | Asked in Criminal Law for Florida on

Q: How long before my probation ends must my fees be paid. I was told 5 months prior to the end date

Henry George Ferro answered on Jun 6, 2019

Fees for probation need to be paid at the time they are incurred or you may face the possibility of a violation of your probation based on the failure to pay them...Fines are also due and need to be paid. Both are capable of being discharged based on the circumstances of each case. Both are... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on

Q: What can action can I take? my sexually explicit images might be shared without consent Can I do anything legally before

I sent sexually explicit images with expectation the images will remain private, but I now have reason to believe that they may be distributed via text message, printed out and posted at work, email, snapchat, instagram, etc. Is there any type of letter that can be sent from a lawyer to discourage... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

Believing you might be embarrassed and actually being embarrassed are not the same. You will have to be much more certain that whoever received your explicit photos either has or soon will post them on some public forum before most lawyers will agree to write them a letter--or take any other... Read more »

2 Answers | Asked in Criminal Law for Florida on

Q: What are the possible convictions of a first offense petit theft charge ?

I'm not the type for criminal activity and it was a huge mistake I just dont want this on my record for the rest of my life

Gary Kollin answered on Jun 3, 2019

diverson

probation up to 6 months

jail up 60 days

if less than $100

if more than $100

diversion

probation up to 1 year

jail up to 1 year

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2 Answers | Asked in Civil Rights and Criminal Law for Florida on

Q: A lady made a false police report, which caused me a felony charge and time in jail. Is there anything I can do?

My sister was driving and cut this lady’s car off. We didn’t realize it until the lady was spewing curse words at us to which we kept driving and ignored. We got to a light and the lady got out of the car and proceeded to yell and spit at us. At that point we got out of the car she fought my... Read more »

Terrence H Thorgaard answered on Jun 3, 2019

If you ill-advisedly plead guilty to a charge, no there is nothing you can do.

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1 Answer | Asked in Criminal Law for Florida on

Q: How much time could my daughter get for absconding from conditional release?

My daughter was convicted of two 3rd degree felonies on 4/10/2017 and sentenced to 2 years probation. She absconded from probation after 2 months. She was rearrested in Sept. 2017. She was sentenced to 2 years in prison with 236 days time served. She was released on 12/8/2018 with 3 months 16 days... Read more »

Henry George Ferro answered on Jun 1, 2019

Your daughter could be returned to prison to complete her sentence and would likely forfeit any and all gain time she earned while in prison...look at Florida Statute 947.141

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on

Q: Who has the right to talk to police in an investigation into a possible suicide/homicide case?

If a person who has been in a relationship with another for 15 years and has a child together, does this person have the right to talk to police investigating the possible suicide/homicide of her significant other. Or is it blood relatives only? I realize Fla. doesn't recognize common law... Read more »

Terrence H Thorgaard answered on May 29, 2019

If you believe the deceased person was the victim of a homicide, it doesn't matter what your relationship with that person was; you should be able to talk to the police about it.

1 Answer | Asked in Criminal Law for Florida on

Q: What to do if accused of B&E & stealing from storage units? What would charge be? Can they search without a warrant?

How much evidence is needed for arrest? What's steps do cops take to try to prove? What if disguise was worn? Or not worn?

Henry George Ferro answered on May 28, 2019

The charges could be burglary, theft (grand or petit), dealing in stolen property...and they can be serious depending on amounts and numbers of charges...

Police need probable cause to arrest and/or search...they will N.E. a search warrant unless you give them permission or there are...
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1 Answer | Asked in Criminal Law for Florida on

Q: Ex destoyed my car state dropped charges because someone called them and told them that i dropped charges , i did not

Henry George Ferro answered on May 26, 2019

Call the district/state attorney and inform them of the circumstances.

1 Answer | Asked in Criminal Law for Florida on

Q: Can a Leo pilled me for my tag light but it works and the Leo said I was going to slow in 25 mph zone

Henry George Ferro answered on May 25, 2019

I would need more information...but sound odd...you can be stopped for going to slow and for a nonfunctional light

Were you in an area known for drugs or prostitution? I have some questions based on your limited facts.

1 Answer | Asked in Criminal Law for Florida on

Q: How much trouble will i get in for a small brush fire on the side of the road

Henry George Ferro answered on May 24, 2019

That will depend on the state attorney and judge...this however can be a serious matter depending on a number of factors; this can be charged as a third degree felony...if any injuries resulted you could be in for a difficult time...

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