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Florida Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Florida on
Q: Can you get a child abuse felony expunged from your record
T. Augustus Claus
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answered on Aug 9, 2023

In many jurisdictions, the eligibility for expungement of a child abuse felony depends on factors such as the severity of the offense, the time that has passed since the conviction, your criminal record, and other individual circumstances.

In some states, certain serious offenses, including...
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2 Answers | Asked in Criminal Law for Florida on
Q: Can you get a child abuse felony expunged from your record
Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 9, 2023

Whether a case can be expunged has more to do with what the outcome of the case was than what the charge was. If the case was dropped, you will have a better shot. If the outcome was a withhold of adjudication it would require a sealing for ten years if you are even eligible. That is dependent on... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Fla. judge fails to deny motion to disqualify within 30 day deadline, Fla. R. Jud. Admin. 2.330(l) and refuses to recuse

Judge acting with total absence of all jurisdiction. violation of civil right of procedural due process of law, access to the court and self-representation. Illegally ruled me a vexatious litigant to prevent me from defending my case.

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2023

This is a question and answer forum forum, and you have no question here. If your question would be, "What litigation steps should I take in my case now?", that type of question, which would seek specific legal advice about your ongoing litigation, can be answered only by scheduling a... View More

1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: Boyfriend was arrested with felony battery charge now has an ICE hold. If charges were to be dropped would ICE detain?

Arrested on a felony battery charge, bond was set but was recommended defendant remain in County custody until case is resolved. We are working to get charges dismissed. There is an ICE hold, defendant only recently submitted asylum paperwork prior to arrest. Will ICE still detain defendant if he... View More

Jonathan Blecher
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answered on Aug 7, 2023

Possibly. Whether ICE will detain depends on his immigration status, the reason for the ICE hold, and the specific circumstances of the case. It's essential to consult with an immigration attorney to understand the situation better and get accurate advice. You don't need a conviction to... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: stolen or lost item, what value can I sue for ?

Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2023

You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Intellectual Property for Florida on
Q: Florida Law/Security Camera footage & use thereof

Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More

James L. Arrasmith
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answered on Jul 28, 2023

Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.

However, as a general principle, the use of video footage with audio for a criminal investigation...
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1 Answer | Asked in Criminal Law for Florida on
Q: what is a motion to demand reciprocal discovery and notice of alibi for. i

I know what the discovery is but what is the purpose of demand for reciprocal discovery

Jonathan Blecher
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answered on Jul 25, 2023

Rule 3.220 of the Florida Rules of Criminal Procedure outlines each side's obligations to disclose things pertaining to the case. Discovery obligations are different for each party and have various time limits associated with those obligations. A defense filing of a Notice of Intent to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My son was sentenced to life for armed robbery with a firearm to wit a bb gun, and under applicable statutes , a bb gun

Is not a firearm under sec 790.01(6) fss 1993. At the sentencing hearing the court believed that it would be invading the province of the jury to find that the evidence did not meet the statutory definition of a firearm. In spite of the law, the court imposed a life sentence. Is this legal? My son... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Jul 25, 2023

You are correct that a BB gun is not a firearm and the charge would be wrong. Robbery with any deadly weapon is a PBL, that is punishable by life. You would have to go back into the record to find out if the information made an allegation of a deadly weapon. The maximum sentence for a simple weapon... View More

2 Answers | Asked in Criminal Law and Identity Theft for Florida on
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft

Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.

A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 24, 2023

I agree with the first attorney's answer. Deal directly with the police. In addition, go directly to your post office and speak to the Postmaster. They can verify any claims. Also, if your mail is being stolen you may need to invest in a locked mailbox or register for a small post office box... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Florida on
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft

Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.

A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2023

I wouldn't worry about revenge, but I would be hesitant to fill out the affidavit insofar as personal data is requested. You indicate it is supposedly from a police department; I would contact the police department independently (not using the contact information you received in the mail) and... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Is it criminal for me to smear a person u found out with proof they've been stealing money from your elderly parent?

Someone has been stealing money from my dad's account in which they're only supposed to be helping him pay his bills! He's 80 and it's 40k after two two yrs..im his son on the account as sole beneficiary! Is it criminal for me to go on a smear campaign after giving the person a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2023

If by "smear", you mean to publicly say or write bad and untrue things about the person, that's defamation. Defamation is not criminal, but you can be sued in a civil case for money damages if you do that. One thing you might want to do instead is to report the matter to the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: My brother was sentenced to 16 years in prison in FL with 0 evidence but heresay? Is he able to file for retrial ?

He only had a public defender and my dad and stepmom are the ones that believe my little stepsister. Even her blood brothers don’t believe her because she is known to lie! Because he was facing over 35 years for both charges he took a plea deal and only got 16 years

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

To be certain, a criminal defense attorney must be consulted. In general, it's very tough to get out of a plea deal if the judge has already accepted it, and the defendant cannot "file for retrial" if there was no trial to begin with. There are very limited circumstances in which... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get my court cost and fines waived?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 14, 2023

Typically no. Some judges will allow fines and court costs to be entered as a lien against a Defendant. Some judges will allow a Defendant to perform community service in lieu of some of the obligation. This would typically need to be requested by the filing of a motion or it could be specified as... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Identity Theft for Florida on
Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?

My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 11, 2023

The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How can we get the state to reduce a charge of burglary with battery?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Jul 10, 2023

There are typically two ways to have the State agree to reduce a charge. (1) Your attorney can negotiate a reduction as part of the plea negotiations or (2) Your attorney can point out to the prosecutor issues as it relates to a lack of evidence to prove all of the elements of the alleged crime or... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Florida on
Q: I have a criminal case where I was setup and I need a criminal defense attorney like a pro bono where can. I FIND ONE
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can a fore investigator use the plain view d doctrine (discovered paraphernalia) to further search parameters

After a fire in my home a

Fire investigator saw a syring in my bathroom in plain sight. It was in an open basket on bathroom counter. Also in same basket was folded up piece of paper with narcotics inside. Is said fire investigator allowed to continue his drug search by opening this paper... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 16, 2023

This is a complicated question. Why was a fire investigator present? A syringe is not automatically paraphernalia. Did the investigator question you about it? Did you make any statements? There may an issue with the investigator opening the paper if he did so without permission. You will need a... View More

2 Answers | Asked in Employment Discrimination and Criminal Law for Florida on
Q: I was accused at my job. Said I was inappropriate with the patient but the job cleared me to come back to work

Now it's in the police getting involved and they want to talk with me appending the investigation. What would be my approach?

Michael Celso Gonzalez
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answered on Jun 14, 2023

You should absolutely not speak to the police without first consulting, an attorney, who not only is experienced with these types of cases involving inappropriate contact, but focuses their entire practice in representing people with these types of accusations. The police might lull you into a... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: Is it illegal for my friend to let me use and try his gun at a gun range? I have never fired a gun before, No license.

I used his .22 revolver in the state of Florida at a range. I used another revolver .38 that he rented with his money at the range, and I used a stranger's Glock 9mm handgun as well at the range. I shot at targets and learned how to load and reload them, nothing else. Is it illegal for my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2023

No, assuming you are not disqualified from possessing a firearm (because of a felony conviction, for example) it is not illegal for you to borrow and fire someone's firearm at a gun range.

But, for the safety of yourself and others, be sure someone gives you basic firearms safety...
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2 Answers | Asked in Criminal Law for Florida on
Q: Hi, I'm filling out a power of attorney for a friend currently in jail. Where do I associate his mailing address on form

The template I'm using asks for his address. Do I put the address of the jail he is currently at now or his official (home) address before he got locked up?

2) Also what would I fill in as the witness? Can I leave that blank for the jail deputies to fill out as they would be the ones witnessing ?

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 14, 2023

Yes, I would advise to use the most recent home address and then leave the witness sections blank as it will be handled at the execution of the document in jail with his signature, witnesses and notarization. If this is Florida, be sure you are up to date on the Power of Attorney, many sections... View More

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