Florida Criminal Defense Legal Questions

The final answer could depend on a number of factors (e.g., the town/county in which you were charged; the assigned prosecutor; the defense attorney's ability to negotiate with the assigned prosecutor, including for a lesser charge, etc.). However, based on the facts you provided, the answer regarding whether you will receive a jail sentence is almost assuredly "yes."  So even if you consider the above-listed factors, it is more likely that your attorney will end up negotiating the length of the jail sentence rather than whether you go to jail.  ... Read Answer

Without further information I cannot tell what is involved in your representation. Further it is also impossible to accurately quote a fee which would be fair to the both of us   First thing   RETAIN A LAWYER   YOU DO NOT WANT TO GET ARRESTED AND EXTRADITED   https://www.themarshallproject.org/2016/07/06/inside-the-deadly-world-of-private-prisoner-transport  ... Read Answer

The short, basic, answer is "no."  The United States does not allow what in the past was referred to as "debtor's prison" (i.e., prison time for failure to pay a debt).  However, there are nuances.   For example, if, in addition to a prison sentence, the defendant also was sentenced to prison followed by probation, and if the court ordered, as a condition of probation, that the Defendant pay for services of his attorney (such as the Public Defender or court-appointed attorney), then it is possible that the Defendant could have his probation revoked and sentenced to incarceration if he had the ability to pay and knowingly and intentionally did not.   That could be a knowing and willful violation of probation (and/or also be contempt of court for willfully failing to obey a court order).  But note, under that scenario, he could not be sentenced to jail or prison if he did not have the ability to pay. That, of course, does not keep the defendant from being sued, civilly, if he was represented by a private attorney.  But such a civil law suit would not involve incarceration. So if the Defendant has the ability to pay, he should.  If he does not have the ability to pay, he could try to negotiate with the person to whom he owes the money in order to avoid being sued civilly.  It is also possible that if he does not have the ability to pay, and has no assets that could be levied against, that the lawyer will not file any law suit.  That, however, is impossible to predict.    ... Read Answer

An attorney/client relationship does not exist between us, or this forum. It's not wise to make admissions such as this in a public website. That said, the testimony of the person who named you as the offender can be enough to convict you of the crime, despite the covering on your face. Retain an attorney.... Read Answer

If the person's charge/s has/have been Nolle Prossed, then he is released on that charge/s.  However, if the person is being held on multiple charges in a case and only one of the charges was Nolle Prossed, he would not automatically be released since he has other charges that were not Nolle Prossed.  It also is possible that the person is being held on more than one case.  So even if all charges in one case are dropped, he would continue to be held on the other case/s.  Nolle Prosequi means the state is not proceeding on that charge.  In other words, that particular charge has been dropped.  ... Read Answer

If you are on felony probation in Florida, an affidavit of violation of probation can be filed if you move to a new location without first getting your probation officer's consent to move.  Even if you were evicted (and, consequently, had no choice), you still must obtain your probation officer's approval of a new place to live.  It is not sufficient to inform your probation officer "after the fact."  Although telling your probation officer "after the fact" will be more helpful than just not telling him/her.  Even if you are being evicted, the process normally takes a few days.  During that time period, you would be expected to let your probation officer know what was going on; and inform him/her of your plans, assuming he/she approved.  So, even if you already moved, you need to make sure. your probation officer knows.  Let the officer know you just are at the hotel until you can get his/her approval to either stay there or go elsewhere if the P.O. doesn't approve of the hotel.   That does not guarantee no affidavit of violation will be filed.  (That will depend, somewhat, on the P.O. and area of Florida where you are on probation.). However, that may help in case a VOP is filed against you. ... Read Answer

You should contact a criminal defense lawyer (preferably one who does a significant number of juvenile cases) immediately!  In the meantime, until you and your son consult with an attorney, he should exercise his "right to remain silent."  Guilt or innocence does not affect one's "right to remain silent."  So, regardless of guilt or innocence, failing to assert one's right to remain silent until after consultation with an attorney is rarely, if ever, desirable.  There undoubtedly will be potential repercussions pertaining to his school status.  The criminal defense attorney (assuming he also does juvenile cases) should be able to guide you through that also.... Read Answer