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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: I got a DUI in New Jersey in 1987, and moved to Florida in 2020 and my application for conceal carry was rejected, why?

I got a DUI in New Jersey in 1987, and they added a eluding charge (2c:29-2b). This is the only blemish on my record. I moved to Florida in 2020 and took a Conceal Carry training course and applied for my permit and was rejected by the FBI. State law says I can still buy a weapon, but how do I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2022

You can lawfully transport your firearm to the range, to hunt or for other lawful purposes, if it is "within the interior of a private conveyance, ..., if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Arrested for poss. cocaine 1984 b/c other passenger did havecocaine. 2wks later my charges dropped. Is flagged on BG ck.

even though charged were dropped. Can’t buy firearm or work at Medicaid facility because keeps coming up on BG screen. City police & county clerk of courts say record no longer exists. How to correct? Never did any drugs, never possessed any drugs ever. How do I get it corrected so... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 8, 2022

If you have no prior convictions, I would recommend that you speak to a local attorney to determine whether you might be eligible to apply for an expunction of your record. The process can take several months but it is certainly better than doing nothing. There are rules that must be reviewed to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: My brother got picked up on a warrant in front my house.. my question is it legal for police to put him in a van and

Take him back to his Place and walk around and say they have cause for search warrant? And then search the property ??

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2022

You did not indicate if the police actually obtained a search warrant to search his home. If they had no search warrant, a Court most likely would rule that the search was unlawful. If it was an unconstitutional search, any evidence seized during the search mostly likely would not be allowed into... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Can I get in trouble?

If I live in a home where I rent a room and I suspect that the other tenants are making illegal substance and dealing in stolen bicycles what can I do? I can't afford to move and I don't want to get anyone angry at me either.please help

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2022

As the saying goes, "You can't have your cake and eat it too". Either move, get the other tenants angry at you (by reporting them), or risk get in trouble with the law. If the authorities find out about the illegal activity conducted in the home, you will probably be accused of being a part of it.

1 Answer | Asked in Criminal Law for Florida on
Q: How would I find a criminal attorney in the Brandon area that is currently offering their services Pro Bono?

11-04-22 I was arrested for shoplifting at Walmart in Valrico FL and charged with F3 Petit theft, the total $109.00 (laundry soap, dog food, pillow case, carpet cleaner for urination from dogs, milk, eggnog) I was not told my charges untill I asked at his vehicle. I was not read my rights. I asked... Read more »

Jacob W Pillsbury
Jacob W Pillsbury
answered on Nov 23, 2022

Most Attorneys do not offer pro bono services. However, the constitution guarantees you representation in any criminal case which could result in a jail sentence (or probation). If you cannot afford an attorney, the Judge in your case will appoint the Public Defender's office to represent... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: A big drug dealer is arrested for possession with a gun near a lawyers law office. Because of the proximity, his siste

A big drug dealer is arrested for possession with a gun near a lawyers law office. Because of the proximity, his sister suspects the lawyer to be a cop, informer or snitch. The sister agrees to meet with two other of the lawyer’s drug clients at a hotel to determine whether or not the lawyer is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2022

Do you have a legal question about this apparently hypothetical scenario?

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Is a registered sex offender allowed to live on the same property with young children he is related to?
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Nov 9, 2022

Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I on probation, I have employment in Fla, my probation ofc wants to call my work and it will cost my job. can she ?

Does she have that right? I'm supposed to obtain gainful employment and I have.... if she calls them it will cost my job... I work at a respectful country club

Leonard Louis Cagan
Leonard Louis Cagan
answered on Nov 7, 2022

Probation does have a right to verify your employment and place of work. Your attorney or you can file a motion with the court asking that an order be signed instructing the probation officer to verify employment via paystubs, etc. You can try speaking honestly with your probation officer to see if... Read more »

2 Answers | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Criminal Law for Florida on
Q: What federal laws are broken when a court reporter refuses to hand in a transcript to a litigant?

Several court reporters are refusing to submit a electronic transcript to a litigant in an attempt to conceal a fraudulent court. The court reporters have made unlawful misinformation statements to the litigant and told them that they needed a lawyer for these transcripts, that they had to go to... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 6, 2022

That's weird. A reporter must provide a requested transcript to a party to the case if the party pays the estimated cost up front, and an appropriate motion to the court may be made to seek relief. Which law applies depends on which court you're in.

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2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: A search warrant was served in a house i was living in, the police lied about an arrest warrant

They had for me, calling me out of the house prior to entry, i was awakened by this and put on a pair of shorts that wrrent mine. They searched me and found drugs. I would have never put on those shorts if they hadnt lied about the arrest warrant because i wouldnt have gone outside. All charges... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 28, 2022

You apparently have a pending criminal charge. You therefore must promptly address your issue with your criminal defense attorney. If you don't have an attorney yet, hire one now , or if unaffordable, determine if the Court will appoint the public defender. Of course it' s not... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: My son was a victim. A plea deal is set.I have a civil Lawyer..are assets applicable despite exemption laws?

He had to go through testing prep meds and testing bc of this. I just want to know if assets partially even can be included for pay out.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2022

All and every question you have should be directed to your attorney. He knows your case, and this is what he does.

2 Answers | Asked in Criminal Law for Florida on
Q: If I have a mandatory appearance Orange County California but live in Florida , can I send an attorney to court

It’s a arragnent for public intoxication

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 3, 2022

An attorney licensed to practice in California could appear for you. Ask that attorney whether you also have to be there in person.

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1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I am 73 years old, living permanently outside the USA for 12 years now. I have been informed of a warrant for my arrest.

The warrant is for failure to appear in front of a judge after receiving a traffic ticket in West Palm Beach, Florida in April 2011. How can I have this warrant dismissed?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 18, 2022

You should retain a criminal defense attorney in Dade County to call a local prosecutors office and negotiate a resolution to this problem.

2 Answers | Asked in Criminal Law for Florida on
Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

Jonathan Blecher
Jonathan Blecher
answered on Sep 7, 2022

If your attorney can proffer a reasonable explanation to the prosecutor it's possible. If the medication was not in it's prescribed container (like the bottle from the pharmacy), that's a misdemeanor. However, if the medication is a controlled substance, it will take some convincing.... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: if i get a charge in another county and have to go to court there do i get a lawyer from that county or my county ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

It's up to you and whichever lawyer you want to hire. Depending on how far away the charging county is, it might be more cost effective to hire an attorney in the county where you are charged. But any attorney admitted to the Florida Bar can represent you.

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: An officer gave me the choice of getting arrested. Or making a deal with a detective to do a drug deal for my freedom.

I was pulled over with paraphernalia, a small small amount of cocaine, an open container and my firearm. Wich I have a concealed for. The officer said I was facing 3 felonies and a misdemeanor. He gave me the option of letting me go free if I made a deal with a detective. The detective and I talked... Read more »

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Aug 8, 2022

Yes, it sounds like a scare tactic. Yes, it sounds like a procedure to temporarily go free. Today, some cop might be wondering if you are going to call. if you don't, you just might get arrested on warrants for some or all of what they threatened at the time of the stop. You should retain an... Read more »

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