Florida Criminal Defense Legal Questions

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

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

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

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

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

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

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

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

Often a judge who issues a misdemeanor capias will limit it to the state.  But beware -- sometimes a charge originally filed as a misdemeanor can be refiled as a felony.  This is often is done in theft cases if the state attorney's office feels someone has taken advantage of the situation by refusing to accept what the state considers a reasonable offer -- or if the state filed a misdemeanor when it could have filed a felony theft charge.  Sometimes the state will do this when the defendant fails to appear for court or rejects an offer.  Not every case can be refiled as a felony - but often they can.  Also your son should be aware that if a capias is issued for his arrest for failure to appear in court, he can be arrested out of state (assuming the judge did not limit the capias to only Florida) and held in jail out of state while Florida decides whether or not to extradite him.  Unfortunately, Florida could decline to extradite -- but leave the capias outstanding; resulting in the possibility of your son being arrested out of state multiple times.    ... Read More

You never have to speak to this detective.  If you do, take an attorney with you, although  if I were your attorney I would advise you against going at all or even ever speaking to any law enforcement ever or anyone else about this issue.  Your words can easily be misconstrued against you.... Read More

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 More