Florida Criminal Defense Legal Questions

No, an arresting officer, who establishs probable cause from an alleged "hit" from a k-9 unit using a "free air" sniff, does not necessarily violate the 4th Amendment.  However, if an officer makes a routine traffic stop for a civil traffic violation and continues the stop longer than a reasonable amount of time to check the driver's D/L, registration, insurance card, and run a computer check, then that could be a violation of the 4th Amendment.  However, if the officer claims to have smelled marijuana or something illegal at the time of the stop, that may be sufficient to allow him to do a search of the vehicle -- or to continue the stop long enough to have a k-9 search.  There are a number of nuances in a factual scenario that could impact whether the search was legal.  Consequently, I recommend you talk to an attorney in more detail -- and that attorney can review the officer's report/s and give you a better analysis of whether the officer's factual scenario matches yours -- and, in turn, whether there is a viable challenge based on a 4th amendment violation.   ... Read More

Normally a person who is on probation in Florida must get the probation officer's approval to move.  Since you cannot get your officer's approval (and are unable to find any other place to live), you can file a motion with the court seeking to modify conditions of your probation -- by seeking the court's permission to move.   However, if there really are other options, the court may not be likely to grant your motion if the probation officer is opposed.  ... Read More

If it is only your second petty theft, you could face a maximum of a year in jail.  If charged with trespass, you also could face up to a year in jail -- depending on how it is charged.  That does not mean you will receive that for a sentence if convicted.  These are merely the maximums. ... Read More

Yes, you can start by filing a complaint with the law enforcement agency where the fraud (i.e., forgery, non-compliant notarization, and illegal transfer of your house) occurred.  If it's within city limits, contact your local police department.  If it's in the unincorporated area of the county, contact your Sheriff's Office.  You, also, can file a complaint with the Florida Secretary of State's Office against your mother-in-law since I believe the rules still prohibit her from notarizing her own son's signature.  Additionally, you should notify your local clerk's office and tax assessor's office of the fraud.  You also should consult with a civil attorney regarding your legal civil options.  ... Read More

Possession of drug paraphernalia is a first degree misdemeanor in Florida and is punishable by up to a year in the county jail; up to a year on probation; up to a $1,000 fine -- or a combination of those sanctions.  There is no automatic right to pay a fine to dispose of the case. Unless you file, prior to the court date, a legal waiver of appearance, you must be at your court hearing.  (There are some hearings at which you must appear even if you file a legally valid waiver of appearance.)  Since you asked about the need to appear, I assume you do not have an attorney yet.  If you choose to represent yourself (which I strongly urge against) and the court finds you competent to act as your own attorney (which is questionable), you will need to appear in court -- or, most likely, a capias will be issued for your arrest.  If you are arrested for failing to appear in court, you could end up in jail (especially if you are unable to post whatever bond is set -- since, as you indicated, you are not in a good financial position).  If you are unable to post whatever bond may be set, you could end up staying in jail until your case is completed.  That could be months.  My advice is to find a way to court and, if you are indigent, ask the court to appoint an attorney to represent you.     ... Read More