Florida Criminal Defense Legal Questions

Many county clerk's offices have considerable information online that accesible to the general public. You need a power of attorney for that. Go to the clerk's website and look up your fiance's name in a record search. Im sure a lawyer who is interested in taking on the case might do a little leg work and get the infor themselves. Good Luck.... Read More

The time to retain an attorney is now. Felony charges of fleeing or attempting to elude a police officer from the scene of a crash, driving on an HTO + leaaving the scene of a crash are as about as serious as it gets in the world of criminal traffic cases- short of DUI manslaughter. We can't and shouldn't estimate legal fees in these forums for ethical reasons, but expect to pay quite a large sum for his defense. If he qualifies, the Public Defender is an option. The bond should be posted by a third party so as not to attribute the money to your BF in a financial inquiry, if you wanty to go that route. Good Luck. https://www.duilawdefense.com/videos/criminal-law/how-much-does-a-bail-bond-cost-how-is-the-amount/... Read More

If your record has been expunged, you can lawfully deny or fail to acknowledge the record, with some limited exceptions. You also cannot be subject to perjury for denying it and it's exempt under the Florida Public Records Law. I don't know how it would be relevant in an insurance case, but your attorney should be aware of this statute. If you choose to discuss it, the record is still expunged, however questions that flow from your admission of the case might be allowed. 943.059 (6)(b). The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, with some exceptions. (see statute text) (c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record. (d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution... Read More

First of all, that's a really dumb idea you had usinig apple juice and water. Did you really think that was going to work? When the lab comes back with "adulterated sample" you'll get violated just for that, whether or not there's really amphetamines in the sample. Hire a lawyer, because I see a VOP warrant in your future.... Read More

It's not criminal law, that's certain. Public universities must comply with disciplinary regulations and must afford due process, so I would engage an attorney who speciailizes in college disciplinary matters. It's not appropriate for me to recommend a specific attorney, but there are those who do that type of work.... Read More

Unless the police catch you in possession of cannabis, they can't make an arrest of you or your boyfriend for possession. This is a family matter really and its not unusual for parent to challenge choices their kids make. I'm assuming that you are over 18, but still living at home. You'll need to work this out with your folks.... Read More

Mugshots can be embarrassing and humiliating, sometimes even costing you a job, because it implies that you are associated with some sort of criminal beghavior, even if you didn’t commit the crime, the State dropped the charges or were eventually found not guilty at trial. The first thing to do is to get the record sealed or expunged, meaning it's no longer "in the public domain" and therefore not newsworthy. Getting the mugshot companies to remove the image is a challenge even with a law on the books allowing you to sue them if it's not removed. The problem is serving them with a lawsuite, since most mughshot companies are based off-shore. An attorney can assist you with some parts and coordinate efforts with mugshot removal/reputation management caompanies.  ... Read More

The question should be:   Can you LAWYER (PD and private) discuss plea deals with a witness present during a deposition?   Depending on the circumstances, the PD can discuss it with anyone.   for example, the prosecutor had stated he needs to ascertain the victim's position and the attorney is trying to obtain it... Read More

If the car is the subject of a criminal investigation, the Trooper needs to secure a warrant to seize the car or conduct any tests on it...he can't just leave it with you and tell you not to touch it. If it's in public view, he can photograph it, as he would in any traffic case. I suggest you get an attorney to intervene and put the tropper on the correct path and procedure.... Read More

Your boyfriend does not have to accept the plea (whatever it is) and elect to go to trial. He can fire his lawyer and hire a new one, with the court's permission. He will pay legal fees to the new lawyer who will investigate the case. Entrapment requires that a person admit to comitting the offense, but had no pre-disposition to do it BUT FOR the repeated requests and insistence of law enforcement undercover agents. Very very tough cases to win. Good Luck.... Read More

In Florida state courts, child pornography crimes are considered 3rd degree felonies. The statute of limitations for such felonies is 3 years. This means that prosecution must begin within 3 years after the felony is committed. For many non-capital offenses, the federal statute of limitations is five years from the date when the crime was committed. Some states have shorter statutes of limitations. In this situation, a person who is not charged under state law because the statute of limitations has expired can still be charged under a federal charge with a longer statute of limitations.... Read More

Ten months ago we were in the pre-stages of the pandemic, so many things were overlooked, as stores were dealing with a lot of issues. After this amount of time, I would venture to say that Home Depot isn't going to look at old video of self check-outs, looking for petty theives. If your boyfriend is feeling guilty for stealing from Home Depot, he can always go to the store an offer to pay for it. If he's just bragging to you about stealing from Home Depot and has no interest in clearing his conscience, then he can ignore it and move on with his life knowing that he's a thief.... Read More

While my colleaugue Ms. Buerger is correct in the most literal interpretation of a no contact order, there might be a way to have it modified, particularly if contact is necessary to confer with counsel and co-counsel in the preparation of your defense. Judges don't issue no contact orders without cause, so there's more information about the case which ytou haven't shared here, no should you. Consult your attorney to discuss your options, but until the judge's order is modified, follow the guidelines Ms. Buerger wrote.Good Luck.... Read More

If Walmart was going to prosecute her, it would have happened then and there. If she signed a trespss order from the store, she can't go back there, but short of that I don't think she has concern about a petit theft charge from this incident. I know times are difficult for lots of folks, and theft crimes have been on the increase since Covid, but there are resources available other than switching price tags on groceries.... Read More

Possible both you and the seller. Though CBD sales are legal in Florida (you can get them at CVS and GNC), and while you may have a defense to the charge, that you relied upon the lab report of the manufacturer, you can be held responsible for possession and sale of a controlled substance. DEA could go after Oregon seller for a number of violations of federal law. Lawyer up right away if you haven't already.... Read More