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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Florida on
Q: Can a person be charged with felon in possession of a firearm if the firearm was found in another person’s possession?

To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Can he be charged? Sure. Will he be found guilty? No way to tell.

1 Answer | Asked in Criminal Law for Florida on
Q: Can I be charged with a crime?

I used a notary to do a quit claim deed from my property to my mother. Then my mother informed me that she doesn’t want the property. I changed the document quit claim deed transferring the property back to me. I did not go back to the notary. I signed her name on the document because I thought I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

If you signed your mother's name on a document, yes, you could be charged with forgery. But it is unclear exactly what you did. The deed had been signed by you and your signature was notarized, what was written above the forged signature of your mother, something to the effect that... Read more »

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Florida on
Q: I signed POA to my boyfriends mother. Only to get my car out of impound. She now says the car is my ex and it’s hidden

My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2022

It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: How do i obtain a full transcript of a conversation on instagram messages? all the evidence i need is in that chat log.

An individual committed fraud against me and i lost $6000+, instagram does not have an In-App feature to download the entire transcript, how can i obtain it?

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2022

The first question is whether Instagram would possess that chat. See if you can find that out. If they do possess it, or you just cannot find out if they do, have a subpoena served on them. In civil court, you can have a subpoena issued by either the Clerk of Court or an attorney in only one of... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I received a sis and completed all terms of probation from a previous case but now almost 20 years after I am a felon?

20 years after completing probation for a sis in Missouri, I have been charged with new charge as a felon. Felon in possession of a firearm. In Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

Florida Statute 790.23 provides that:

"(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ... if that person has been:

...

(e) Found guilty of an offense that is a felony in another state ..."....
Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Florida on
Q: Hi while I was sleeping a person stuck a sharpie with the cap in my mouth and started moving it in my mouth.

Could I sue or press charges

Charles M.  Baron
Charles M. Baron
answered on May 31, 2022

Yes, you were battered, which is a crime and a tort (a wrong for which you may make a claim for money damages). The extent of your injury is a factor as to whether it is the type of case you will be able to get assistance or representation on. Regarding criminal charges, only your local police... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can a police officer come ontomy works parking lot where I was sleeping and arrest me for drugs found in my car?

There was no warrent no reason to even come onto my property it was stated, not in paper work they were looking for someone else

Stephen Arnold Black
Stephen Arnold Black
answered on May 30, 2022

Under the Terry v Ohio Supreme Court decision, the answer is most likely yes. The case is famous for holding that a limited search of a suspect's exterior clothing and immediate surroundings to check for weapons based on a police officer's reasonable suspicion does not violate the Fourth... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I was arrested for Failure to register an internet identifier in Jacksonville FL, However, I did actually register it

When I started using an App, It prompted me to enter my phone number as the username, it then verified my phone number with a pin number texted to me. I figured my phone number was the "Identifier" that I had to register. As such, I registered the App using the phone number as my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2022

It is unclear what, if any, crime you were charged with violating. Florida Statute 815.06 (Offenses against users of computers, computer systems, computer networks, and electronic devices) doesn't seem to apply.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a 18 year old buy a handgun in Florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2022

With certain exceptions, no. See Florida Statute 790.065 which provides in pertinent part that "... (13) A person younger than 21 years of age may not purchase a firearm. ... ".

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Small Claims for Florida on
Q: How can I clear an FR 3 suspension if I don't have the funds to pay the judgment?

I was involved in a minor accident in 2011. No damage to either vehicle. My insurance had lapsed and the other party filed a law suit. I moved out of state and realized years later a default judgment was entered against me. Now the dmv wants proof that the debt was satisfied before they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2022

You indicate that there was no "damage to either vehicle", but the default judgment apparently indicates otherwise. I suggest that you get an attorney to negotiate a settlement (perhaps paying only a portion) with the judgment creditor.

1 Answer | Asked in Federal Crimes and Criminal Law for Florida on
Q: Can a felon own a black powder gun in Florida
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2022

Perhaps not. If such a "black powder gun" falls within the definition of an "antique firearm", as defined in Florida Statute 790.001 (1), which reads "any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: If my vehicle was found at a hit and run leaving the scene of an accident and drugs were found but I was nowhere near

This is in Florida city Florida and homestead. My truck was found at a hit and run and leaving scene of accident only resulting in property damage and they found drugs cab I bee charged with the drugs and or the crash

Charles M.  Baron
Charles M. Baron
answered on May 23, 2022

Your inquiry is a bit vague. If this was a hit-and-run, with a driver fleeing the accident scene, what does "found at a hit and run" mean? If you mean the truck was found somewhere else, and police determined that it was the vehicle that hit and ran, AND the police have not yet... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can a person with a pending court case for battery get a no contact order against the accuser?

My friend has a pending case for battery. However the accuser instigates every situation. Then will say he wants to talk it out only to pick a fight and then call the police on my friend. He calls, texts, emails, and shows up at his job saying that he is going to get my friend fired. But when the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2022

Obviously, your friend would be wise to not continue to meet up with the accuser. Problem solved.

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Are automatic knives legal in the State of Florida?
Charles M.  Baron
Charles M. Baron
answered on May 13, 2022

If you mean a switchblade, a knife that opens all the way up at the touch of a button, but with the blade staying on the knife, it is legal to possess under State law. However, it is NOT legal to carry it concealed unless you have a concealed weapons permit. See Florida Statutes Chapter 790,... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can a trespassed person hire someone to get around the trespass?

I notified a company/person they where no longer allowed on my property and fired them for causing damage to our pool equipment. They then hired someone else to come on my property while I was not home to take pictures of the damage after I told them not to do that. What legal recourse do I have?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

While the "someone else" may have technically trespassed, they didn't cause you any damage; you don't have any recourse (i.e.: a viable lawsuit.).

1 Answer | Asked in Criminal Law for Florida on
Q: Previous boss owes me money. I left a very true but bad buisness review on line.If l ask for my money in return l delete

Delete the review would that be illegal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

If you ask for money IN RETURN FOR deleting the review, technically that may be considered extortion, a crime. See Florida Statute 836.05.

2 Answers | Asked in Criminal Law for Florida on
Q: If you state you want to take it to trial. When is it to late to change your mind. My nephew goes to trial next month.
Leonard Louis Cagan
Leonard Louis Cagan
answered on May 9, 2022

Technically a person can change his/her plea at any time before the jury returns a verdict. However, different courts may have different ways of doing things. Some courts may deem any offer from the State as revoked if not accepted before setting a case for trial. To avoid this, it may be necessary... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: My ex sent me money her mom claims I stole it but I have proof that says others wise can I be charged with a crime

My ex was sending me money through cashapp I have transactions that state that she sent the money to me and I have messages where she admits to it saying “I was dumb to send you money I shouldn’t of have” and “I’m just gonna start from scratch and not send anyone anymore money” can I be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 4, 2022

What makes the mom think you stole it? My guess is that Mom wasn't told the full story. You probably should have proof handy that it was sent through this "cashapp".

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I had the police come to my door today, they left a card saying they need to speak to me? What do I do?

I just move to the state and to my knowledge have done nothing wrong .

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where... Read more »

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