Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
If you “look” suspicious to the CBP officer in the airport, can they detain you, search your items and question you based on their feeling? What 4th amendment protection do citizens have at airports?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
When U.S. citizens return from a foreign country, Customs and Border Protection (CBP) officers have the authority to inspect luggage and question travelers. This authority is rooted in the government's responsibility to enforce customs and immigration laws. Generally, routine searches of... View More
My brother went to jail and I hired him an attorney. I haven't heard from my brother in three months. I asked my attorney to figure out what's going on. He spoke to my brother and called me back and said that he was doing fine and wanted to stay safe in solitary confinement. I took his... View More
answered on Oct 11, 2023
You refer to the attorney as your attorney, as well as your brother's attorney. Which is it; who does the attorney represent? You may have paid the attorney, but that doesn't necessarily make him your attorney. Also, your brother may not have told the attorney that he was being... View More
Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??
answered on Oct 7, 2023
That is unusual. The officers' written reasons for their actions must be reviewed to determine if they provided rational reasons to support probable cause for their actions. Of course, they may or may not be telling the truth in their explanation, but that's where the analysis starts.... View More
Pull me over for same thing 15 Minutes later for same thing now arrest me and search my vehicle??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
The Fourth Amendment protects citizens against unreasonable searches and seizures, which includes being stopped without a valid reason. If you were pulled over a second time for the same reason without a new violation occurring, it could be viewed as an unreasonable seizure.
However, the... View More
I own a black powder gun and would like to go into a shooting range?
answered on Oct 7, 2023
The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. See FS 790.001 (2) and (9). So the person who posted the question and owns a "black powder gun" probably isn't violating the law by owning it. In any event,... View More
I own a black powder gun and would like to go into a shooting range?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2023
It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/ her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida Statute 790.001(1).
She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
answered on Oct 6, 2023
If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an
immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to... View More
She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023
Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but... View More
I have already taken a plea but I have not been sentenced yet what motion can I file to withdraw a plea and resume research into this case
answered on Oct 3, 2023
If yours is a State court prosecution, you could move to withdraw the plea. If the plea has not been "accepted", you can move to set it aside with almost no justification. If the plea has been accepted, you will need to show good cause. If, as you say, you have already been convicted with... View More
Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More
answered on Oct 1, 2023
You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More
Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
In your case, you may want to seek legal representation from a criminal defense attorney who specializes in violent crimes or assault cases. While you are not the one facing criminal charges, having an attorney with expertise in criminal law can help ensure your rights are protected, and they can... View More
I went to the police in December 2021 for being a victim of a sex crime. The arrested him last year and we have yet to get a conviction, he has been in jail for over a year. The legal representative for the government is staying in contact but can we sue for the time that this is taking?
answered on Sep 28, 2023
No. Penalties imposed for criminal acts are meant to benefit the public, not private parties such as you. Similarly, if the perpetrator had been promptly prosecuted and acquitted, you would not have had standing to appeal. Your remedy would have been a civil case, if you could have proven money... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2023
Your sentence does not start over. You can be sentenced to anything you could have originally been sentenced. For example, if you have a meth possession case the maximum sentence is 5 years in prison. If you got 18 months probation and willfully and substantially violated that probation in any... View More
I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.
answered on Sep 23, 2023
Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More
I have an upcoming hearing for a injunction that was filed against me, I haven’t violated the order whatsoever and have been waiting for my court date, the opposing counsel made an offer for a one-way contact order, I’m trying to figure out what that means
answered on Sep 20, 2023
Typically, this creates an avenue for a respondent (person who has been served the injunction) to communicate with a a petitioner (person seeking the injunction) for limited purposes. Unless you filed an injunction back at them, the contact order is already one-way (The petitioner is not legally... View More
never charged for expired tag but did give me a ticket for dwls hto, is that legal? im taking it to trial.
answered on Sep 18, 2023
The expired tag gave the officer probable cause to make a valid stop. Then, your license was suspended, so yes, that is legal. You really should have a lawyer to help you defend your case, if you don't have one already.
(not intended to be legal advice, since I do not have all the... View More
I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.
answered on Sep 6, 2023
Depending on the jurisdiction, it may be possible to engage an attorney to approach the Prosecutor's Office about having the warrant withdrawn. An obstacle may be whether a prosecutor has been assigned to the case. Your attorney can determine who sought the warrant and approach that person.... View More
I had a ubaul it was returned and they didn't press charges and I have a payment plan. Set but the state is trying to file charges.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023
In Florida, as in many other places, if there is an active warrant for your arrest, it typically means that law enforcement has obtained a judge's authorization to arrest you based on probable cause for a specific offense. Warrants can be issued for various reasons, including criminal charges... View More
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were granted permanent residence but failed to go to the interview/complete process. Three months... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023
Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
