Florida Criminal Defense Legal Questions

It may be possible that double jeopardy could be a defense -- but I believe you would need full discovery in the new case -- which would need compared to the discovery and Information filed in the prior case to determine how viable a defense it would be.  Certainly the issue deserves to be considered and evaluated.... Read Answer

Your attorney may be able, after a more detailed review of the facts (including the law enforcement officer's version) to file a motion to suppress the contraband found in your purse and/or the vehicle.  However, filing a motion doesn't necessarily mean you will win.  But the attorney, before filing such a motion, must have a good faith belief, based on the facts he/she gathered, that the officer exceeded his legal authority by the search.  There are circumstances under which such a search will be allowed following a K9 alert.  But that can depend on the length of the traffic stop -- whether the officer proceeded at a reasonable pace to issue the traffic ticket -- or whether he delayed the process to give the K9 time to arrive at the scene.  There are other considerations also.  Your attorney should be able to help you understand the potential defenses - as well as possible repercussions of winning and losing pre-trial motions.... Read Answer

If you can come up with the money, I recommend you consult with a local attorney immediately.  Since a warrant for your arrest already has been issued, you may get arrested at any time -- and may want to talk to the attorney about turning yourself in and making advance arrangments to get bonded out right away.  Many persons who are charged or arrested believe if they are innocent they don't have to seek representation because they can explain to law enforcement that they're innocent.  It doesn't work that way.  That's the purpose of a trial.  But you need personal legal advice now.  You have a right to remain silent regardless of whether you're in, or not in, custody -- and even if law enforcement doesn't tell you that.  Again, I've had many clients who, before consulting with me, thought if they were innocent, they had no reason to remain silent.  That is WRONG!  So the best advice I can give is to exercise your right to remain silent until after you've consulted with your attorney, one-on-one.  That attorney should be able to help you understand how to proceed and whether you should continue to remain silent.... Read Answer

Contact the Clerk of Court for the County in which the case was heard and decided.  Asked for a copy of the disposition/judgment.  You may have to pay.  The amount will depend on the location.  It should not be more than several dollars per page -- unless you need a certified copy.... Read Answer

If you are eligible for a sealing or an expungement the time fram is usually from 6 months to a year to complete it.  This is mainly due to the delay while the Florida Department of Law Enforcement does a record check to issue a certificate of eligibility. They have  a large  backlog.  The application process and the motion and court process does not take a long time. To be eligible you have to have not been convicted on your charge and have no other convictions on any other charges.  No convictions means either it was dismissed or you received what is called a withholding of adjudication.  Depending on the jurisdiction even if you were adjudicated guilty and that is your only offense it may be possible to put you in a position to become elilgible for a sealing.  You would have to consult with a criminal defense attorney in the county where the charge occurred.      ... Read Answer

My recommendation would be to consult with an attorney to help you with an expungement - if you're sure you want one.  Sometimes there can be reasons not to get an expungement.  So an attorney could discuss that with you also.   If you are not in a financial position to retain an attorney, you could go on-line to obtain information about how to get an expungement.  You will need to go through the Florida Department of Law Enforcement (FDLE) in Tallahassee to get confirmation that you're eligible for an expungement.  Again, you should be able to go on-line to learn how to do that.  You could try to pull up the FDLE web-site; it should have information on how to proceed to get an expungement. ... Read Answer

Yes, there are numerous ways in which more than one person can be charged with the commission of a crime involving the same incident - even if one person already has been convicted  of some offense in that incident.  Since you already have been arrested, I assume you have an attorney.  You need to discuss this with your attorney.   If you do not have an attorney, because you mistakenly thought you didn't need one since someone else already has been convicted and sentenced, I would urge you to consult with an attorney ASAP -- and before talking to any law enforcement officer.  Remember, you have a right to remain silent - even when you're completely innocent.   ... Read Answer

By this time either you hired an attorney or had one appointed.   You should consult with that lawyer concerning theaccuracy of the test and the procdures utilized as well as all other issues. bviously, there is the potential for being convicted and sentenced which could range from prison to probation... Read Answer

There is an offense in Florida called felony murder which is distinct from premeditated murder.   782.04 Murder.   (1)(a) The unlawful killing of a human being:   2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:   d. Robbery   is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.   I do not opine whether this applies to the particular facts in your question. I recommend you should consult with a criminal defense attorney ASAP & not wait to being arrested or having any contact with law enforcement... Read Answer

Normally on a first time  grand theft charge probation would be the result.  Every case is different however.  You can call a defense attorney in the county she was charged in and the attorney can find out the alleged victim and more information. She may also be eligible for a diversion program which could result in a dismissal.  I would call an experienced criminal defense attonrey in the county where this was charged. ... Read Answer

Florida law prohibits the expungement of any Florida conviction. If the defendant has ever been convicted of a crime in Florida, then Florida law also prohibits the expungement of any other criminal offense to which a defendant pled or was found guilty at trial even if adjudication was withheld.  If a defendant has been sentenced to prison, Florida law requires the sentencing judge to adjudicate the Defendant.  So any defendant who has been sentenced to prison would be ineligible in Florida for an expungement of any charge - regardless of whether or not adjudication was withheld.    ... Read Answer

The burden is not on a defendant to prove his/her innocence.  The burden is on the state to prove guilt.  However, often the state's burden is very minimal -- so it's always good when a defendant has something that can prove innocence if, despite being innocent, the state was able to meet its initial burden.  However, often a Defendant is unable to adequately use his evidence showing innocence except at trial.  Sometimes if the evidence of innocence is apparent and strong, the state can be persuaded to drop the charge before it goes to trial.  But that is something you need to discuss in great detail with your attorney before making a decision on how to handle the evidence you have.  I definitely recommend against you, personally, talking to the prosecutor or law enforcement officers -- even if you believe your evidence is very strong. I believe that would be a big, potentially irreversible, mistake.  ... Read Answer

You may file a motion with the court that was assigned to your case -- asking for a court order to have your property released to you.  Since this may not be as simple as it sounds, I recommend retaining an attorney to handle this for you.  Since the alleged criminal incident was in 2016, it is possible that it is too late to get your property back -- but you could try. The other possibility is to contact the prosecutor, tell him/her you want your property returned since the case was resolved without a conviction, and ask the prosecutor to contact the detective to make arrangements for the return of your property to you (assuming, again, that it is not too late).   Caution -- even though you were not convicted, it is very risky (in my opinion) for a defendant (even if the case is over) to directly communicate with the prosecutor.  The prosecutor could use the contact as a way to try to get more information and potential evidence -- without you realizing it.  Depending on what new information the prosecutor gets -- and other factors such as statutes of limitations, there could be potential for re-filing charges, or filing new charges, against you.  Consequently, I recommend contacting an attorney to handle this for you.  I would not be able to help you becfause I do not handle cases in Pinellas County.     ... Read Answer

In Florida, a law enforcement can make a legal traffic violation stop -- which would include one for having no (or a non-working) tag light if it was not during normal daylight hours.   After making the stop, the law enforcement officer has the right to ask the driver to produce a valide driver's license, registration and insurance card.  If the officer, while in the process, of performing his duties, smells the odor of cannabis coming from the inside of the vehicle, the officer could have a legal right to search the vehicle for illegal drugs - even without your consent.     ... Read Answer

I would consult with an attorney.  Taking something accidentally is not criminal and an attorney may be able to help get it dropped. Even taking something on purpose may have options which will result in no record ultimately, such as pretrial intervention.  Most attorneys will consult with you for free.  I would do that so you do not have a record of theft to deal with.    ... Read Answer