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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: How can someone that has been in prison for 46 years, get a fair chance to appeal? He's not guilty, need help please.

He had witnesses that testified and gave description that did not match him. He was young and black and lived in the area. He was sentenced to death but given Clemency by Gov. Bob Graham because they felt he was innocent. But still he can't get any help to help him to have his case looked at... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 19, 2020

My guess, without seeing his appeals or the orders denying them, is that it was too late to file the appeals. To be certain, you would need an attorney to review them. I suggest that he contact the Innocence Project of Florida - see https://www.floridainnocence.org/ They investigate these kinds... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: I went out to eat with my friends to a restaurant. I ordered it on Arnold Palmer drink, I took a big sip of it .

The server never asked me for ID and I am almost 3 years clean and sober off of alcohol

Jonathan Blecher
Jonathan Blecher answered on Jul 18, 2020

An “Arnold Palmer” is made with iced tea and lemonade. Why would a server card you for a non-alcoholic drink?

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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: What can I do to get a friend released early from Federal Prison

He has been incarcerated 15 years, and there is some stupid charge from 2003 holding him back, how do I resolve this issue? He would be eligible for early release if this case Was not in his way.

Jonathan Blecher
Jonathan Blecher answered on Jul 18, 2020

I’d work on getting that case, and it’s hold, resolved. Depending on the facts, it could be dismissed.

1 Answer | Asked in Criminal Law for Florida on
Q: how can i find out if adjudication was withheld so i can seal my record in fl
Jonathan Blecher
Jonathan Blecher answered on Jul 16, 2020

Simply go to your Clerk's Office website and input your case number or name/date of birth, and you'll find the answer. If you want to contact an attorney to do the legwork for you, please do.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

Jonathan Blecher
Jonathan Blecher answered on Jul 14, 2020

Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

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2 Answers | Asked in Criminal Law for Florida on
Q: Why do I have a change of plea hearing for a misdemeanor case? I didn't ask for it.

I've told my lawyer I'm not accepting any plea deals. Did my lawyer make a mistake or is this part of the normal process?

My lawyer told me it's normal and that it's just a hearing where they offer you a plea deal.

John Stephen Hager
John Stephen Hager answered on Jul 14, 2020

Typically a change of plea hearing is set when you come to an agreement with the prosecutor to resolve your case. If you do not want to resolve your case via a plea, then the matter will be set for a later status date then trial. During the Pandemic, a lot of prosecutors are setting on a change... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a guest at a dwelling that a search warrant is being served be arrested if they are searched and nothing was found ?

Drugs were found however on a table near guest. Wouldent that be evidence against the occupant of that dwelling?

Charles M.  Baron
Charles M. Baron answered on Jul 13, 2020

If the police can, in writing, articulate reasons to support probable cause to arrest the guest, then it is a legal arrest, but of course the evidence may or may not be enough to convict. If they cannot articulate sufficient reasons, it's a false arrest, which should not only lead to the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If a person gets 10year in prison with a mandatory minimum of 4 what does that mean
Jonathan Blecher
Jonathan Blecher answered on Jul 11, 2020

Pretty much like it sounds. The prisoner won't be eligible for release until a minimum of four years had been served, and doesn't figure in to any gain time or good time calculations.

1 Answer | Asked in Criminal Law for Florida on
Q: Is there any sort of defense when a officer stops you with no probable cause, later stating I looked suspicious.

I would simply like to see if anybody sees any kind of defense or violations of constitutional rights when a K9 deputy in pursuit of a 18 year old black male 5 foot tall decides to stop a 37 yr old 6 foot three white man just walking down the road to the store for a drink at 3 in the afternoon? He... Read more »

Henry George Ferro
Henry George Ferro answered on Jul 9, 2020

Hire a lawyer to represent you...if you believe that you were treated improperly you may also file a complaint against the officer with his department...You should also be careful about what you write on the web because it can be used against you in a courtroom.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: An officer stops me while in pursuit of another suspect later saying just to see how I'd act.... Is there probable cause

The officer was in pursuit of a 18 year old 4 foot tall black male.... I'm 6 foot 3 white and 37.... The officer said he stopped me because I looked suspicious . But I was walking to the store a block over for a drink at 3 in the afternoon I don't understand how he can harrass me then... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jul 8, 2020

We really can’t offer the kind of advice you need, since we don’t have access to any evidence or investigation. I suggest that either you push your PD to put forth a defense or a fair negotiation, or retain a private attorney. Good luck.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Florida on
Q: I was helping a friend move the roommate headbutt me. I called the cops and pressing charges can I sue her?

What would be the course of action? And what can I do being that I was assaulted? What type of lawyer do I use. TY!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 4, 2020

Yes, you can sue, if you have suffered bodily injury and resulting damages (medical expenses, etc.).

1 Answer | Asked in Criminal Law for Florida on
Q: Can the same evidence the was used during my case be used at my post conviction relief hearing
Henry George Ferro
Henry George Ferro answered on Jul 3, 2020

Same evidence may be used and evidence not used at trial may also be used.

2 Answers | Asked in Criminal Law and Federal Crimes for Florida on
Q: If you have a large knife and try to stab it at police but do not do any damage and you tell police you tried to murder.

This will be considered attempted murder or no? I think it will since I graduated from law school 5 years ago but I am not sure.

Henry George Ferro
Henry George Ferro answered on Jul 3, 2020

Duh...yes there us enough to arrest and charge attempted murder...This is obvious even for a non-law school grad...

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1 Answer | Asked in Criminal Law for Florida on
Q: Can i, as the victim, request a deceased inmates records?

We are technically related through marriage, if that matters. The prison is in Raiford Florida.

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

I would make a freedom of information request to the prison in Raiford. I cannot think of a reason for the State not to release the information. If that doesn't work, you may have to call a lawyer...

1 Answer | Asked in Criminal Law for Florida on
Q: I have a friend who was detained but not booked. What does that mean?

They haven't charged him with anything

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

You should be contacting a lawyer...a person cannot be held against his/her will without being charged...your friend needs to inform the people holding him/her to charge him or release him/her.

1 Answer | Asked in Criminal Law for Florida on
Q: I have a felony warrant in Minnesota can I get a Florida license or Id card now that I reside in florida
Henry George Ferro
Henry George Ferro answered on Jun 29, 2020

You should be able to obtain a Florida ID card...you may also be eligible for a Florida DL unless there is something in your background that would prohibit that...A felony warrant would not prevent either unless the warrant (the charge itself) would legally block your ability to get the license.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: Pregnant minor

What can you legally do when a 17 year old teen gets pregnant and runs away to boyfriends house?

Charles M.  Baron
Charles M. Baron answered on Jun 27, 2020

Are you referring to your daughter, who is unmarried and has run away to stay at another home for more than 24 hours? If so, you may call the police, as the parties sheltering your daughter without your consent are breaking the law (Fla. Statutes Section 985.731), and/or you may call the following... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Hello I have a friend who was arrested on an accusation. Are there any criminal lawyers who are willing to help. Please!

The only so called "Evidence" they have is the ex- girlfriends accusation. He was declared indigent and has been Sitting in jail because he cannot afford bail. Judge denied a bond reduction because he has a prior.

He feels as if the public defender is not doing anything in his... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 26, 2020

You should communicate with the Florida Bar regarding potential attorneys willing to provide services at reduced rates and/or pro bono...You are not telling me anything about the facts of the case and therefore cannot provide any comments regarding the status of the case and/or an approach to the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: If you point a loaded BB gun at police but do not shoot, what will be the crime charge in Florida?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2020

Florida Statute 784.011 reads as follows: 

"Assault.—

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: So if the burglary was inside the vehicle and the murder outside the vehicle a block away constitute felony murder
Stephen Arnold Black
Stephen Arnold Black answered on Jun 20, 2020

Any murder whether intentional or not that happens during the commission of a dangerous felony falls under the felony murder rule. All people who either conspired to commit the dangerous felony and/or actively participated in it can be prosecuted for felony murder. This is irrespective of whether... Read more »

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