Florida Criminal Defense Legal Questions

Your confusion is understandable. Your son was apparently convicted of a crime with a minimum mandatory sentence of 10 years- was a gun involved? Assuming that he has 3 years time served against a 15 year sentence for a remainder of 12 years, Florida law requires that an inmate serve 85% of their sentence. The 85% is of what is sentenced, not of the sentence after any credit for time served is deducted. Thus, someone sentenced to 15 years must serve 12.8 years, minus what time they have actually already served. In your son's case, if he was credited with 3 years time served (which is a huge amount- are you sure that this is correct?), he will have to still serve 9.8 years. The 10 years minimum mandatory varies slighlty depending on the exact offense, as the Florida legislature is not always consistent in how it drafts minium mandatory sentences. Assuming that this is a true minimum mandatory, then he is not eligible to earn any gain time for the first 10 years of his sentence, but it can be credited against the last five. Gain time is discretionary with the DOC and can be taken away for various infractions.  Gain time is governed by F.S. §944.275. Florida Administrative Code Rule 33-601.101 lays out how the DOC handles gain time. Both are available for free online. Because gain time can be earned and lost, no definite release date can be given at this time for your son. The DOC should establish an earliest possible release date- which may be the 2026 number to which you refer - and a maximum release date.  All of the above assumes that there are no changes in the law. Florida is one of a very few states with an accross-the-board minimum as high as 85% and no parole. It has been this way for quite a while, so I do not anticipate any changes, but I have been surprised before. Good luck, Michael R. Morris... Read More

There is a good likelihood that her bond will be revoked, but it is not a foregone conclusion.  In most instances, if the bond is to be revoked, it will be done at the first appearance hearing on the new arrest.  If one of my client's is on bond and is arrested, I will encourage family members to post the bond before the first appearance hearing to avoid that scenario.  In a more recent case, a client of mine was on bond for dealing in stolen property and was arrested for domestic battery.  She couldn't bond on the domestic battery case prior to the first appearance hearing because people are held on no bond in domestic violence cases until they are brought before the judge.  At the first appearance hearing, a bond was set on the domestic violence case and the state did not move to revoke her bond on the dealing in stolen property.  It often depends on the individual prosecutor and the severity of the charge the person is on bond for, the new arrest, or both.  If your daughter is represented by counsel, your best option would be to reach out to that person to get some additional insight on what you can expect based on your daughter's specific circumstances.  I've included a link to one of my past blog post entitled: Pre-trial Release in Florida: The Basics.  You can also check out my webiste - there is alot there that may be useful:  St. Petersburg Criminal Defense Lawyer.   I hope this helps. ... Read More

There is no standard answer or set sentence. If the misdemeanors are first degree misdemeanors (which they apparently are), you could receive up to a year in the county jail for each case -- and they could be run consecutive. But you also could have your probation restored -- and continue on as before. Or anything in between could be the result. It would depend a lot on the prosecutor, the judge, the probation officer, your prior record, and the nature of the violation. Sometimes the state will agree to a modification of probation -- such as taking a certain type of class or doing community service for which you don't get paid. Normally, your attorney should be aware of the various options and what the prosecutor and probation officers usually want in cases similar to your -- and can negotiate a plea bargain. Some judges won't accept plea bargains on VOPs. But even if that is your situation, your attorney should be able to advise you with regard to the judge's standard dispositions in cases similar to yours.... Read More

Law enforcement and/or the state can charge a person for finding something in the person's trash can.  But the more important issue is whether you can be convicted.  If there is enough evidence - other than merely circumstantial evidence, it is possible to be convicted.  But if, after you moved out of the house, others had access to the house or trash can (and, assuming nobody saw you put the spoon in the trash can), the evidence would only be circumstantial.  A person cannon be convicted when the only evidence is circumstantial evidence for which there is any reasonable hypothesis of innocence.  So if, after you moved out, others had access to the trash can there is a reasonable hypothesis that somebody other than you put the drug spoon in the trash can and you never possessed the spoon.  Then the state should not be able to convict you because that would be a reasonable hypothesis of innocence.  However, if the state has a witness who claims to have seen you put the sppon in the trash can - and who notified law enforcement, who then finds the drug spoon in the trash can, the state would have a better chance of getting a conviction.  There are still other defenses to be explored even under that scenario.  For instance, how can the state show that you were aware it was a drug spoon or that it had drug residue on it.  Unless the state has enough evidence to show you were in possession or control of the spoon and you knew it had illegal drugs on it, it is doubtful the state or law enforcement would try to file charges.  Also, many law enforcement agencies/state attorneys will not file charges when there is only drug residue -- but, beware, others will file on residue cases.       ... Read More

If you have never been adjudicated guilty of any crimes (including traffic criminal offenses) in any jurisdiction, you are probably eligible to have your file sealed.   However, you can only seal one case. The dropped charges will always show up in a criminal justice search. There are procedures to have the court file of that charge be sealed. There are ways to deal with employers even if it shows on a criminal justice search.   Contact me if you wish to retain me.   If it is important enough to call, it is important enough to leave a message.   Gary Kollin 954-723-9999    ... Read More

Yes, you can be charged -- and even convicted -- for 1 gram of marijuana found in the passenger seat of your car.  You have the option of proceeding to trial and providing your defense to the jury.  Howver, the fact that you indicated to the law enforcement officer that you were aware that someone to whom you gave a ride may have left something illegal in your car does not work in your favor if you proceed to trial.  You should discuss that issue and potential defense in more detail with the attorney whom you retain to represent you.   ... Read More

From the time of sentencing, your son has only 30 days within which to file a "Notice of Appeal."  Failure to file the "Notice of Appeal" within that period can deprive your son of ever being able to appeal his case. (There are a few exceptions -- but they are very limited and hard to achieve.) In Florida, he "Notice of Appeal" (along with a few other pleadings) are to be filed by the trial attorney even if your son plans to use a different attorney to do the appeal.  If your son does not have sufficient funds to retain a private attorney for the appeal, he (or his trial attorney, on behalf of your son) should file to have the Public Defender appointed for the appeal.  That should be done at, or close to, the same time as the Notice of Appeal is filed.   If the trial attorney is doing the appeal, your son should always be able to learn the status of the appeal from his atorney.  If your son retains a private attorney to do the appeal, that attorney should always be able to keep your son informed of the appeal status.  If your son has the Public Defender on the appeal, that attorney (or someon in the Public Defender's office) should be able to let your son know the appeal status. There are several stages to the appellate process once the Notice of Appeal has been filed.  The first one involves the preparation and filing of the "record" (which includes transcripts and other documents from the trial case).  That usually takes approximately 60 days.  After that, the process of researching and writing the appeal (referred to as a brief) begins.  That, depending on what issues seem good for an appeal (and the appellate attorney's calendar), can take anywhere from a couple weeks to two or three months.  Then the state gets one or two months to file a response.  After that, your appellate attorney may decide to file a reply brief.  If so, that could take another couple of weeks.   After the briefs are filed by both sides, the appellate court begins its process of reading the briefs, researching, analyzing, and reaching a decision (often with a written opinion).  In my experience, the court's process normally takes anywhere from six months to a year.      ... Read More

The intoxication defense works only very rarely, and may not be available depending on state or type of offense. In Florida, the relevant statute is F.S. 775.051:  Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant's voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02. Intoxication is an affirmative defense, with the burden on the defendant. I have used it successfully in cases where women have been given intoxicating medications (i.e. "roofied") without their consent and then committed offenses like trespassing, traffic offenses, etc. For a short, but clear, explanation of the defense, look at Carter v. State, 710 So. 2d 110 (Fla. 4th DCA 1998). Good luck!... Read More

There are too many unknown facts for an attorney to answer your question.  However, it is possible to get up to five years in prison on each of the third degree felonies.  If you have no prior record, that almost certainly would not happen.  However, if you've never been in trouble and have no convictions or adjudications of delinquency, several years of probation (up to five) would be a very realistic possibility.  Depending on the facts of the case, the area of Florida in which you were charged, which judge you have, and which prosecutor is assigned to your case, it also is very possible that the state might want some local jial time as a conditon of any probation. The state will also demand you make payment of restitution to anyone defrauded or from whom something was stolen.  If you have a prior record, the length of your record and nature of charges on which you were convicted will impact all of the above -- and easily could resolt in a prison sentence -- or even progation and prison. Your first hearing (assuming you are not in jail) will be an arraignment hearing.  That is not a trial -- so it is unlikely your case will be resolved that day unless the state makes an offer that you decided to accept.  I urge you to seek representation by an attorney in your area who regularly practices criminal law defense.  If you cannot afford to hire an atorney, I urge you, when you first go to court -- and before doing anything w/ regard to your case, to ask the judge to appoint the Public Defender to represent you.  ... Read More

Are you kidding? You got caught committing a crime, and got probation, which is a huge gift. Now you are asking about violating probation. When you do that, you stand the chance of going to prison for the entire time that you were facing before being placed on probation. If that was a 3rd degree felony, the time is 5 years, and a 2nd degree gets 15 years. This is not at all a joke, it actually happens.... Read More

Is this a joke to you? You have specifically asked attorneys in Florida about the sex offender registration requirements in another, unknown, state. First of all we practice in Florida and generally do not know the laws of other states and cannot give legal advice concerning the laws in other states. Second, you would have to ask a private criminal defense attorney in the other state.... Read More