Florida Criminal Defense Legal Questions

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470 legal questions have been posted about criminal law by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Florida Criminal Defense Questions & Legal Answers - Page 5
Do you have any Florida Criminal Defense questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 470 previously answered Florida Criminal Defense questions.

Recent Legal Answers

If you're not happy with the PD or their advice, you can ask the judge to remove them and appoint Regional Counsel (also court appointed but with a lwer case-load), or find the money to hire a private lawyer.
If you're not happy with the PD or their advice, you can ask the judge to remove them and appoint Regional Counsel (also court appointed but with a... Read More

How can I not get arrested

Answered 5 years and a month ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You asked: How can I not get arrested? Answer: Don't steal other people's property would be a start. Depending on the amount, you could be charged with grand theft or petit theft. Also, you could be charged with forgery, and/or uttering a forged instrument. Stores have video cameras, you know. It shouldn't be tough to find you. It wouldn't be a bad idea to pay her back before the cops snatch you up.... Read More
You asked: How can I not get arrested? Answer: Don't steal other people's property would be a start. Depending on the amount, you could be charged... Read More

I would like to find out if I have a warrant and if I do what should I do

Answered 5 years and a month ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a lawyer and listen to their advice. Here's a link to the FDLE wanted persons website, if you think there may be a warrant. Depending on the severity of the particular accusations against you, the consequences you face could include: Suspension of your driver's license A criminal record Jail time Prison time Heavy fines In addition, your life as a whole could be seriously impacted by a criminal record, which could prevent you from taking advantage of certain educational or occupational opportunities.... Read More
You should hire a lawyer and listen to their advice. Here's a link to the FDLE wanted persons website, if you think there may be a... Read More

Can a VOP sentence and the new charged crime sentence be ran concurrent 17 years later even though initially ran consecutive?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is too late to seek modification of the sentence
It is too late to seek modification of the sentence
The person who should be consulted is his lawyer who will communicate with you if he has your son's permission   He has no obligation to accept it and he can go to trial.    
The person who should be consulted is his lawyer who will communicate with you if he has your son's permission   He has no obligation to... Read More

Is this black mail?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I never understand why people confont the paramour of the partner instead of the partner.   It is the partner who violated the relationship   I often see these cheating shows where the "victim" attacks the paramour when the victim had the gripe with the paramour
I never understand why people confont the paramour of the partner instead of the partner.   It is the partner who violated the... Read More
While I am not positively certain as to you inquiry as you wrote in run-on sentences instead of parsing it into individual sentences, the covid is styming transfers between jails   He should retain counsel in the county that issued the warrant to seek a lifting of the ewarrant or to have a bond set.  He will need one eventually... Read More
While I am not positively certain as to you inquiry as you wrote in run-on sentences instead of parsing it into individual sentences, the covid is... Read More

I'm so confused....

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
How is anyone supposed to know without knowing the version of the prosecution?   There is no theft necessary for a burglary. Suppose a person illegally enters a structure and does not find anything to steal or is spooked off before stealing anything, it is still aburglary.   Your brother needs a lawyer ... Read More
How is anyone supposed to know without knowing the version of the prosecution?   There is no theft necessary for a burglary. Suppose a person... Read More

I had a 1000 bond that my boyfriend posted. Heโ€™s mad at me and is now threatening to โ€œsend me back to jailโ€. Can he? In Florida.

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If your "boyfriend" is the guarantor of a bond (meaning he put up collateral for a bail bondsman to post the bond) he can try to withdraw from that role. That means the bail bondsman will ask for a different guarantor for the bond collateral. He gets mad at you he will threaten you with jail. Your B/F sounds like a real jerk. If he posted the entire 1000 bond in cash with the court, that money stays with the court until the case is finished, or he asks a judge in court to take you back into custody and return the 1000. Then you'll simply post another bond. If there's a bonsdman involved, see if you can switch guarantors to someone you can trust, or come up with the 1000 yourself as collateral for the bond. Good luck.  ... Read More
If your "boyfriend" is the guarantor of a bond (meaning he put up collateral for a bail bondsman to post the bond) he can try to withdraw from that... Read More

Stolen possession of property 4th

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Consult and retain an attorney to guide you through this process. You can't do it yourself.
Consult and retain an attorney to guide you through this process. You can't do it yourself.

i have pending charges but no warrant, isnt it better to turn myself in now before the warrant comes out? i

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Before you just fly to New Jersey and surrender, it would be a good idea to have an attorney speak with the detective. That way you can lay the proper groundwork for surrender, if that's what you want to do. It will also give an opportunity to get some information about the evidence that the detective has against you. In reality, surrendering without a warrant makes the detectives job quite a bit easier. It does also save you from lingering in jail waiting for extradition. Again, contact attorney to guide you through this process.... Read More
Before you just fly to New Jersey and surrender, it would be a good idea to have an attorney speak with the detective. That way you can lay the... Read More
My best legal advice is to exercise your right to remain silent.  In my legal opinion, after numerous years of practicing criminal defense law, I firmly believe a defendant can NEVER help him/herself by talking to law enforcement.  When you disclose to the law enforcement officer or the store's security person any information or idea about why you think they are wrong, you are simply giving them an opportunity to try to fix any potential weaknesses or oversights.  Why would you want to help them improve their case?     My next best legal advice is to get an attorney to represent you.  If you cannot afford one, you are entitled to have a court-appointed attorney represent you.  Many court-appointed attorneys are very good.  But if you can afford an attorney, ethically you should do so instead of trying to get a court-appointed attorney.     Once you have an attorney, discuss the issues you believe exist (e.g., what do the officer's and store cameras/videos record).  Your attorney should be able to determine how much to discose from a strategic standpoint and how much must be disclosed from a legal standpoint.... Read More
My best legal advice is to exercise your right to remain silent.  In my legal opinion, after numerous years of practicing criminal defense law,... Read More

My boyfriend is sitting in jail on an out of county warrant I bonded him out of his new charges how long does the other county have to come get him?

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Out of county (in state) warrants don't carry the same time requirements as an out-of-state extradition. Most counties don't want to hold prisoners, but have Covid-19 and transportation issues to contend with. Retain an attorney to see if a bond can be issued on the out of county case and get him out of jail.... Read More
Out of county (in state) warrants don't carry the same time requirements as an out-of-state extradition. Most counties don't want to hold prisoners,... Read More
There are too many unknowns to adequately respond to your question.  However, the charges are serious enough that I urge you to retain an attorney to represent you.  The attorney should be able, after reviewing the probable cause affidavit and other documents, to give you a fair idea of whether you have a strong defense, your options, and what to expect from the state. If you are unable, financially, to retain a private attorney, you are entitled to have an attorney appointed to represent you.  If you go to court without an attorney, I recommend before responding in any way, that you tell the judge you cannot afford an attorney and would like one appointed to represent you.  Assuming the judge appoints an attorney, he/she should be able to answer your questions and give you an idea of what to expect.    ... Read More
There are too many unknowns to adequately respond to your question.  However, the charges are serious enough that I urge you to retain an... Read More

How long would someone serve for selling over 30gms of fentanyl to an undercover cop?

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Sale or Delivery of Fentanyl is a Second Degree Felony in Florida and punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. The amount doesn't matter. Sale or Delivery of Fentanyl is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Sale or Delivery of Fentanyl to probation, but may also impose a sentence up to the statutory maximum of 15 years in prison. https://www.duilawdefense.com/criminal-defense/drug-crimes/ They need an attorney.... Read More
Sale or Delivery of Fentanyl is a Second Degree Felony in Florida and punishable by up to 15 years in prison, 15 years of probation, and a $10,000... Read More

Im in jail for my 3rd domestic violence this year and was out on bond for petit theft at the time

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Sounds like it's time for a new boyfriend, or just let him keep slapping you around and having him arrested. Your decision. Where the victim does not wish to pursue charges, the Defendant and victim should modify the No Contact Orders imposed by the court. This is normally done by filing a Motion to Modify Conditions of Release. If granted, a modification often allows the parties to resume contact and combine their desire to have the charges dropped. It also may indicate that the alleged victim is not going to be cooperative and is against pursuing prosecution.... Read More
Sounds like it's time for a new boyfriend, or just let him keep slapping you around and having him arrested. Your decision. Where the victim does... Read More

had a bench warrant issued for failure to appear but one week later the status of the warrant said inactive what does that mean for me

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
During the Covid-19 pandemic, and resulting court closures, it's not uncommon for the Clerk/Court to set aside or vacate bench warrants in order to reduce jail populations. Here's a blog post on compassionate release to give you an idea why this might have happened alll by itself.
During the Covid-19 pandemic, and resulting court closures, it's not uncommon for the Clerk/Court to set aside or vacate bench warrants in order to... Read More

What can be done if a victim used an alias during a criminal trial and now can't be found for post conviction affidavit/deposition, 17 years later?

Answered 5 years and 2 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
17 years is a long time, and generally speaking the time limits for post-conviction appeals have passed. Newly discovered evidence is a very tough road, so I suggest you consult an appellate attorney in your area. Good Luck.
17 years is a long time, and generally speaking the time limits for post-conviction appeals have passed. Newly discovered evidence is a very tough... Read More
I am not sure that I understand the question or legal scenario.  Your question indicates there is a "new charged crime sentence."  But your question also indicates that 17 years ago the VOP sentence was consecutive to the new charged crime sentence.   Are you asking whether, due to a VOP, a sentence imposed on a case in which the original sentence was imposed 17 years ago can be run concurrent with a sentence on a new (recent) case?  If so, the answer is probably "yes."  However, there are some exceptions -- e.g., if the new charge is escape, any sentence must run consecutive to any other sentence being served.  There are some other exceptions also.  However, those exceptions are not due to the VOP and new case occurring many years apart.  ... Read More
I am not sure that I understand the question or legal scenario.  Your question indicates there is a "new charged crime sentence."  But your... Read More
The answer is "yes," law enforcement definitely can charge him with having a gun and threatening his former friends, even if you say otherwise.  
The answer is "yes," law enforcement definitely can charge him with having a gun and threatening his former friends, even if you say otherwise.  

If this my 2nd petty theft what are the offers in the state if fla

Answered 5 years and 3 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
from probation to jail up to a year
from probation to jail up to a year

Will UK customs see the American felony bench warrant?

Answered 5 years and 3 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You realiza should you return you will be arrested.\There is no way anyone here can determine if it will be discovered or whether the authorities here run the manifests either beforre take off or after and find the wwarrant and either arrest you  here or inform British authorities to arrest your there... Read More
You realiza should you return you will be arrested.\There is no way anyone here can determine if it will be discovered or whether the authorities... Read More

Is it possible to get my divorce ilwhen Iโ€™m out of the Bahamas?

Answered 5 years and 3 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Contact a divorce lawyer and request a consultation
Contact a divorce lawyer and request a consultation

Battery

Answered 5 years and 3 months ago by attorney Diane Buerger   |   1 Answer   |  Legal Topics: Criminal Defense
I am not sure I understand your question.  However, if you are asking how and when you will know if someone who threw a beer and is charged with battery, then I may be able to help answer the question.  The person who threw the beer will know he/she has been charged if he/she gets a notice to appear in court (or arrested, if an arrest warrant is issued).  The arrest is less likely than a notice to appear if it has been a while since the incident occurred. How long it will be before you know is not as easy to answer.  That could depend on a number of factors.  But, generally, I would think if charges are filed, I would expect you to be notified within a couple of weeks.  That is not a guarantee.  Occasionally, especially around a busy time such as a holiday season, the process may get slowed down.  If you don't get a notice to appear, or arrested, after a couple of months, it is unlikely that you will be.  (Again, that is not a guarantee.)  ... Read More
I am not sure I understand your question.  However, if you are asking how and when you will know if someone who threw a beer and is charged with... Read More
I read your inquiry.  However, I cannot figure out what the question is.  You may want to re-word your question so we can determine what information you are seeking; and then re-post your question.
I read your inquiry.  However, I cannot figure out what the question is.  You may want to re-word your question so we can determine what... Read More