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Florida Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Did my friend violate her no contact order if the person contacted her first.

My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... Read more »

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

She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..

1 Answer | Asked in Criminal Law for Florida on
Q: I was sentenced to 10 years for a violation of probation and 10 years on a new law violation ran concurrent.

I have 6 years time served on the probation case, I violated my probation with a new law violation and was sentenced to 10 years for the violation of probation and 10 years for the new law violation, ran concurrent. When my gain time sheet was given to me it said I had a fresh 10 years. Aren't... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Apr 23, 2022

Unfortunately, no. You will receive credit for the six years time you served - only on the related case. You will receive credit on the new case for any time you were in jail pending the resolution. Concurrent means the sentences runs together at the same time. It does not mean that the sentences... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Boy, 17, and girl, 15 go to a friend's house. Friend's dad gets them drunk. Teens have sex, girl says it was rape.

The kids all lied to investigators at first, and said their friend stole a bottle from their parents, and the parents didn't know they were drinking. But the girl's parents are mad, and they found out the adult hosts handed the kids shots when they walked in the door, and kept giving them... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 19, 2022

No, the boy probably doesn't have a viable defense to possible criminal charges by arguing that he didn't have the mental capacity. Any diminished capacity resulting from voluntary intoxication is normally not a defense. But of course, he should refuse to answer any questions about this... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: how do you find out the reason a State Attorney was made to resign?
Jonathan Blecher
Jonathan Blecher
answered on Apr 12, 2022

Check with local media outlets, or Google search. Check with the Office of General Counsel at the Governor's Office,

1 Answer | Asked in Criminal Law for Florida on
Q: The witness can ask the Florida court or state attorney for a criminal case to cover face and identity to testify?

Iam Witness and cooperate for drug charges against somebody, i can ask the state florida to cover my face and identify to testify?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Apr 6, 2022

Generally, no. The accused has the right to confront the witnesses against them. That includes the jury being able to observe the demeanor of the witness (including facial expressions).

2 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I am probation for a DUI. I live in the state of Florida. I have completed 9 months of my probation.

I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?

Kevin John Mawn
Kevin John Mawn
answered on Apr 3, 2022

An arrest has the potential to violate your probation. Typically, you’re arrested for violation of probation when the probation officer discoverers the new offense; however, a judge will often set bond on the probation violation warrant. If it’s an on-site arrest, bond may be set at your... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If you file a r/order and it is voluntarily dismissed in court, can the respondent file one against you, same incident?

The judge ruled that everything would be thrown out and that we should just get divorced. We both agreed and she has now filed a restraining order against me over the same incident that was thrown out. Please help.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2022

It depends on the facts alleged in the first case, but it is quite possible that she could indeed get a restraining order.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

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

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Is it illegal to stop someone for driving intoxicated?

Or be considered false imprisonment ?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 23, 2022

Are you asking about a private person or law enforcement stopping the suspected intoxicated driver? In the latter case, that is sorta what law enforcement is supposed to do.

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