Florida Criminal Defense Legal Questions

OK so from your fact pattern it appears that you may be under investigation for some type of criminal act, if the deputy says that "we have you on video" as you state. If that is the case, you have a fifth amendment right against self-incrimination. So if I were you I would invoke my fifth amendment privilege, and demand to have a lawyer present when you are in custodial interrogation or are being questioned by the police. If this is not the type of case that I assume it is, but rather a personal injury Case, that involve the death of your aunt at the hands of a third-party, then your family should contact a personal injury attorney to bring a lawsuit against the apartment complex for negligence security.   ... Read More

I see  nothing illegal.   a cop may awk you to step out or he can ask you to step in   arrested for what?   the cop does not have to stop you immediately   considerations are givin to the remoteless and lighting of the area, amonfg others   you need an attorney   RETAIN ONE... Read More

The sentences will not necessarily end at the same time even if they are running concurrent and given credit from time served from the same date that your brother took the plea in the original case.  Your brother, prior to being sentenced on the original case, may have had credit for time that he was in jail on the original case prior to entering the plea. If he was not in jail during the very same time on the new case, then the credit for time served would be different in the two cases.  Also, your brother upon being sentenced in the original case may have started getting some form of gain time on the original sentence.  It is unlikely that he will be given credit for that gain time on the new sentence even if it is concurrent.  It "may" be possible to negotiate some plea bargain that specifies the sentence on the new case will be co-terminous with the original case.  However, the wording for such a negotiated plea must be very specific and without question as to its meaning.  It may be hard to work out a plea bargain that accomplishes that. ... Read More

Yes, if law enforcement has probable cause to believe you committed a crime, you could be arrested despite being innocent.  Sadly, innocent persons can also be convicted and sentenced.  That is the reason for trials.  It forces the state to produce testimony/evidence to prove guilt.  Upon producing evidence of guilt, the accused has an opportunity, if he/she so chooses, to present testimony/evidence to try to show the state's evidence is wrong.  Unfortunately, there are numerous innocent persons who are charged and, sometimes, convicted. If law enforcement officers came to your house, they most likely were conducting and investigation because they had information that made them think you, or someone at your home, was involved in a crime or knew something about a crime even if you weren't involved.  If you believe law enforcement officers may think you had some involvement in a crime, I urge you to talk to an attorney ASAP!  You need to know your rights and how to assert your rights before deciding whether, or not, to talk to an officer or investigator.  ... Read More

It could be; but not definitely.  It is possible that they determined the amount of restitution was $6,100.  Florida law mandates the court order full restitution in all criminal cases.  It's possible the State Attorney's Office may have asked them if they would be willing to drop the charges if they received restitution.  However, be aware that they cannot drop charges; only the State Attorney's Office can drop charges.  However, the State Attorney's Office is unlikely to drop the charges unless the alledged victim/s agree to it.  If you proceed to trial and are convicted, you would be court-ordered to pay restitution.  However, you would be entitled at that point to a restitution hearing where evidence would have to be presented to show the accurate amount of restitution.  If you resolve the charge by a negotiated plea, it is likely any offer would include restitution also.  It, also, could be that the alleged victim/s was/were attempting to extort money from you.  However, much more information and facts would be needed to determine whether they could be charged with extortion.  Since charges currently are pending against you, you should not have direct contact with the alleged victim/s with regard to payment of money - or you could find yourself facing more charges.  Do not try to handle it on your own.  You should let your attorney know that you have been contacted regarding paying a sum of money and charges being dropped.  Any knowledgable, experienced criminal defense lawyer should be able to advise you as to how to proceed;  how to avoid any more charges being filed against you; and whether the alleged victim's actions may have been an attempt to extort money from you.  If you do not have an attorney, my best legal advice is to retain one as quickly as possible and let the attorney deal with this on your behalf.... Read More

There are too many variables to tell you what to expect at your arraignment.  The state may make an offer.  However, since any petty theft conviction can have future negative ramifications (other than the "sentence"), I recommend you retain an attorney to represent you.  If you cannot afford to retain an attorney, you have the right to a court-appointed attorney.  You should ask the court to appoint one.  It's possible that the court could appoint one and you still could proceed to dispose of your case at arraignment.  But, hopefully, if that were to happen, the attorney would talkt with you first to make sure you understood the rights you would be giving up (including potential defenses) and potential future consequences of a petty theft conviction (even if adjudication is withheld).... Read More

An arrest warrant is different than a search warrant.  If there is an active arrest warrant and a law enforcement confirms it before arresting you, the law enforcement officer is allowed to make the arrest (even if the officer is not in possession of the warrant at the time).   However, the law enforcement officer/s is/are not allowed to question you after the arrest without first advising you of your Miranda rights (i.e., right to remain silent and have an attorney present for any questioning).  If you are in custody and questioned by law enforcement, without first being advised of your Miranda rights, it does not make the case go away.  However, it would allow your attorney to file a motion to suppress anything you said in response to such questioning.  That, of course, is assuming the officers admit they questioned you without first giving you your Miranda rights.  If the officers claim you were given your rights (contrary to what you claim), it will be up to the judge to decide whom to believe. Be careful.  Even if you are in custody, if you begin to talk and provide information to the law enforcement officers on your own (i.e., without being questioned), anything you say can be used against you even if you were not given your Miranda rights.  Also, if after being given your Miranda rights, you consent to answer questions and talk to law enforcement officers, anything you say can be used against you.  However, you have the right to terminate the questioning at any time. Also, if you have not been taken into custody, but are being questioned, it is up to you to decide whether to answer questions unless you have been subpoenaed for the purpose of questioning.  If that happens, I urge you to contact an attorney who can explain your options and possible repercussions of each option.  They can be devastating.  You need to know your rights in that event.  They are different than your Miranda rights.      ... Read More

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 More