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Florida Criminal Law Recent Legal Answers from Lawyers

Florida Criminal Law Recent Legal Answers from Lawyers

Who can I sue i this case

Answered a month ago by attorney Gary Kollin   |   1 Answer
You need to contact a local attorney to discuss representation.   i handle false arrest cases, but I am not handling them at this time outside of Palm Beach, Broward and Dade counties
You need to contact a local attorney to discuss representation.   i handle false arrest cases, but I am not handling them at this time outside... Read More
It sounds like they are tempting fate over a few hundred dollars
It sounds like they are tempting fate over a few hundred dollars
A judge can decide not to allow an attorney to withdraw.   Not knowing but possibly the judge believes your friend is simply trying to delay.
A judge can decide not to allow an attorney to withdraw.   Not knowing but possibly the judge believes your friend is simply trying to delay.
I answered this question for you on AVVO
I answered this question for you on AVVO

Vop hearing

Answered 2 months ago by attorney Gary Kollin   |   1 Answer
If a friend ask.  I don't know without seeing the documents. I do not wish to guess
If a friend ask.  I don't know without seeing the documents. I do not wish to guess
There is no parole in Florida. You don't get real time credit for paper time.   First, I have no idea what the allegations of your violation is.   If you are on probation, then you will be appointed counsel. If you have to ask the question, then you obviously do not have the skills to write a motion.   Under all circumstances get a lawyer... Read More
There is no parole in Florida. You don't get real time credit for paper time.   First, I have no idea what the allegations of your violation... Read More
The philosophy of all lawyers is to tell the person never go into the den of the lion without an attorney.   You are a suspect. The detective is not inviting you in to have a cup of coffee
The philosophy of all lawyers is to tell the person never go into the den of the lion without an attorney.   You are a suspect. The detective... Read More
You can get from dismissal to intervention program to probation to jail.
You can get from dismissal to intervention program to probation to jail.
Call local law enforcement or to report it anonymously call your local crime stoppers hot line.  No guarantee how law enforcement will handle it.
Call local law enforcement or to report it anonymously call your local crime stoppers hot line.  No guarantee how law enforcement will handle it.
Yes, and you should seek to seal or expunge your record assuming you are otherwise eligible (e.g, no prior criminal convictions). 
Yes, and you should seek to seal or expunge your record assuming you are otherwise eligible (e.g, no prior criminal convictions). 
If it amounts to an enumerated, or affirmative defense to the charges it should be brought up early and often. It can be referenced in opening statement, cross examination, direct exam of your witnesses, then again during JOA and closing arguments.  However, if the actions in question do not amount to a legitimate defense, such issues should not be raised. ... Read More
If it amounts to an enumerated, or affirmative defense to the charges it should be brought up early and often. It can be referenced in opening... Read More

What does case closed mean?

Answered 3 months ago by attorney Diane Buerger   |   2 Answers
Usually it means the case is finished and nothing is left to be done in the case.  
Usually it means the case is finished and nothing is left to be done in the case.  

Can I file fraud charges in civil court?

Answered 3 months ago by attorney Lynn W. Rhodes   |   1 Answer
You can file in civil court.  Can you win?  No guarantee 
You can file in civil court.  Can you win?  No guarantee 

What does ADMINISTRATIVELY DISMISSED mean?

Answered 3 months ago by attorney Lynn W. Rhodes   |   1 Answer
The court dismissed the case and closed it withou a hearing but by action of law 
The court dismissed the case and closed it withou a hearing but by action of law 
Your brother is in serious trouble if his probation was for a felony. Even if not, he's still in a bit of a bind due to how probation warrants work (there is often times no bond). If it can be proven he had no knowledge of the drugs, he may be better off, however he'll still have the DWLS charge to worry about.  He should consult with a criminal defense specialist immediately. ... Read More
Your brother is in serious trouble if his probation was for a felony. Even if not, he's still in a bit of a bind due to how probation warrants work... Read More
Depending how close you are to that 25 pound level on the cannabis might dictate what your offer is. However, the fact that you were also in possession of several firearms will make it possible for the state to file first degree felony charges of Armed Possession.  However, because this is your first offense, your lawyer should aggressively go after charge reductions and avoid any mandatory sentencing that might apply. Best possible outcome is tough to say, but barring any real suppression issues, you may be able to get probation, but its hard to say without looking at the case more closely. ... Read More
Depending how close you are to that 25 pound level on the cannabis might dictate what your offer is. However, the fact that you were also in... Read More
Normally the term "person of interest" means the same as what used to be referred to as a "suspect."  Often officers will not arrest or charge anyone until they first persuade the person to talk to them and answer questions (supposedly "voluntarily").  That's usually because if the person is not "in custody" - or not "under arrest" -- the officer is not required to read the person his Miranda rights (i.e., the right to remain silent and have anything he says used against).  It is not unusual for law enforcement officers to have enough information to make an arrest -- but hold off on the arrest until they try to get the person to talk to them.  Because after a person is read his Miranda rights, he usually understands how saying "anything" can be twisted and used against him.  So officers like to try to avoid letting a person know he is going to be arrested or charged until they get as much information as they can from the suspect (or "person of interest").   Sadly, sometimes even a person who was not a "person of interest" when the officer first questioned him becomes the suspect or "person of interest" after being questioned. Keep in mind, Miranda rights exist for a purpose -- including for those who are completely innocent.  Even law enforcement officers who occasionally get charged with committing a crime, often exercise their right to remain silent.  That should tell you something!       ... Read More
Normally the term "person of interest" means the same as what used to be referred to as a "suspect."  Often officers will not arrest or charge... Read More
Whether or not a person could see another person's face, if it's night and the other person is wearing a hoodie, is an argument that normally would be made to the jury during a trial.  It is not an issue that would prevent charges from being brought. 
Whether or not a person could see another person's face, if it's night and the other person is wearing a hoodie, is an argument that normally would... Read More
It seems that the state would have a difficult time proving constructive possession of the ammunition based on the facts you described. However, the firearm may be a different story depending on where it was found vis a vis your friend. Proving knowledge and an ability to exercise control over the items will be necessary where the item is not in actual possession of the person charged.  Without any admissions on the part of your friend, coupled with your statement, the state should strongly consider dropping the charges on the ammo charge, but again, depending on the proximity of the firearm, that may be a good issue as well. ... Read More
It seems that the state would have a difficult time proving constructive possession of the ammunition based on the facts you described. However, the... Read More
File a written request with the court. However, hiring an attorney appears the best path, Is it worth a relatively small amount of money to challenge that large amount or do you think you have the legal skills necessary to win without one.
File a written request with the court. However, hiring an attorney appears the best path, Is it worth a relatively small amount of money to challenge... Read More
It means t h at sentencing is set off to another date.   But you really should be communicating with his lawyer 
It means t h at sentencing is set off to another date.   But you really should be communicating with his lawyer 
If in Florida or federal, he will never be released.   It has been 20 years. The law has time limits. If you feel strongly about it then directly consult with a lawyer to determine if anything can be done.   A consultation and complete review fee is little to pay in light of the life sentence.... Read More
If in Florida or federal, he will never be released.   It has been 20 years. The law has time limits. If you feel strongly about it then... Read More
You can file a reuest to the court inquiring of the status, but first I would check the court docket.   If you don't know what to do perhaps it is time to hire a lawyer especially to make sure you submitted a properly prepared motion covering all the issues
You can file a reuest to the court inquiring of the status, but first I would check the court docket.   If you don't know what to do perhaps... Read More
Yes, it's possible that could be used as an admission on your part. Never feel obligated to provide a statement of this nature, especially without conferring with a lawyer first.  Should the old manager, or a police officer wish to speak further with you about it, politely decline and call an attorney immediately. ... Read More
Yes, it's possible that could be used as an admission on your part. Never feel obligated to provide a statement of this nature, especially without... Read More