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Florida Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: What type of lawyer would I need to go after a bail bondsman for releasing my bond check without my signature?

I've lived in Florida but I was arrested in georgia. The Bail bondsman released my check for bond without my signature and the person forged my signature and cashed the check. I have been trying to get a copy of the back of the check to prove who signed for it but the bail office will not... View More

James L. Arrasmith
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answered on Dec 7, 2023

In your situation, where a bail bondsman released your bond check without your signature and it was allegedly forged, you would likely need an attorney experienced in criminal law or fraud. This type of lawyer can help you address the illegal release and cashing of your bond check.... View More

2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Leonard Louis Cagan
Leonard Louis Cagan
answered on Dec 4, 2023

I agree with the previous attorney's answer. The only thing I would add is someone who is attending law school and has completed two years or has graduated successfully can practice law under what is known as the third-year practice or legal intern rule. They can practice law, including... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: If one just passed law school, they’re not considered a lawyer, correct?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2023

Not correct, strictly speaking. A lawyer is someone who is learned in the law. That would include someone who has a law degree. An attorney, on the other hand, is someone who is licensed to practice law in a particular state, and for that the person has to have passed a bar examination.

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2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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1 Answer | Asked in Criminal Law for Florida on
Q: The Defendant agrees not to possessintoxicants to excess. Does that mean I can drink and not be required to take a etg t

Will I get introuble if I test positive for alcohol in my system?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 27, 2023

The phrase "not to possess intoxicants to excess" doesn't make much sense. If you possess alcohol but don't drink it, what would be excessive? I think it means that you should not CONSUME intoxicants to excess.

Assuming you are on probation, you probably could be...
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1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: I was arrested for leaving the scene of accident and resisting arrest without violence.

I plead no contest, and took the plea deal of time served (18 days).

Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: My mom won’t end charges on my bf since but I want to end them, I’m 17 I need consent frm parents, anyway around it?
James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,... View More

1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: I spent 3 extra years in prison because of false convictions for violence on my PSR.Can I sue the BOP for those years ?

Not until I Filed in court was I granted release.

James L. Arrasmith
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answered on Nov 24, 2023

In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Florida on
Q: Hello, I just found out that I was kidnapped 13 years ago in Florida.

Aggravated kidnapping is what was done to me and my brother on the property of a night club. If the accuser is found guilty, can I file a lawsuit against the club owner?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case...
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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: Time limit to sue for detention in Polk FL jail beyond official release date?

Due to an admin error, my nephew was detained at least 60 days beyond the date he should have been released.

T. Augustus Claus
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answered on Nov 14, 2023

The statute of limitations for filing a lawsuit against the Polk County Jail for false imprisonment is two years. This means you have two years from your nephew's release to file a lawsuit.

False imprisonment is a serious offense, and the Polk County Jail could be liable for damages if...
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2 Answers | Asked in Criminal Law for Florida on
Q: MOTION FOR CONTINUANCE DEFENDANT ___ JOINS THE STATE. What does this mean ?
James L. Arrasmith
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answered on Nov 12, 2023

This refers to a motion for continuance being filed in a criminal case in Florida. Here is what it means:

- A "motion for continuance" is a request made by one of the parties in a case to postpone or delay the court proceedings to a later date.

- In this case, it appears...
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1 Answer | Asked in Criminal Law, Family Law and Education Law for Florida on
Q: How should a parent approach a daycare for neglect?

The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 10, 2023

Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Florida on
Q: I've been under surveillance for several weeks by what I assume is the FDLE Fusion center investigators

Based on their attire. They have not spoken to me or presented me with any kind of warrant. Recently I discovered they're in my attic watching inside the house 24/7 they will not acknowledge me. Can local police remove them from the property since they have no warrant or are these my new... View More

James L. Arrasmith
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answered on Nov 8, 2023

If you believe that law enforcement officers are conducting surveillance in your attic without a warrant, it is within your rights to contact local police to investigate the situation.

The Fourth Amendment protects against unreasonable searches and seizures, and if there is no warrant or...
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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Case laws in flordia with aggravted assault with a deadly weapon with out intent to kill.
James L. Arrasmith
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answered on Nov 5, 2023

In Florida, aggravated assault with a deadly weapon without intent to kill is a serious charge often examined under case law to determine the specifics of each individual case. Keep in mind that case law is continuously evolving with new rulings, and an attorney's guidance will be crucial to... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
T. Augustus Claus
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answered on Nov 1, 2023

There are some limits on the First Amendment rights of criminals. For example, criminals cannot use their First Amendment rights to incite violence or obstruct justice. Additionally, criminals may be restricted to their First Amendment rights while in prison or jail.

Unfortunately, due to...
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2 Answers | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Florida on
Q: does a criminal have a right to the first amendment?
James L. Arrasmith
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answered on Nov 4, 2023

In the United States, individuals retain their First Amendment rights even if they have been convicted of a crime.

However, the extent of these rights can be subject to certain limitations based on the nature of their confinement, parole, or probation conditions. Incarcerated individuals,...
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2 Answers | Asked in Criminal Law and Collections for Florida on
Q: Is this real??

CASH ADVANCE INC (THE CASH ADVANCE GROUP)

Attention, Debtor

LAWSUIT COURT CASE FILE NO: #UDT-5734942

LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: Can I get my record sprung for domestic violence charges but they where drop
T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you can get your record expunged for domestic violence charges that were dropped in Florida depends on a number of factors, including the specific circumstances of your case, the severity of the charges, and your criminal history. For personalized legal advice tailored to your unique... View More

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