Florida Felonies Legal Questions

The maximum penalty for grand theft third degree is 5 years prison.  Unless you have a horrible record that is highly unlikely. However, every case is differnt and every jurisdiction is different in the way they handle cases.  You may even be eligible for a diversion program resulting in a dismissal.  I would highly recommend that you call a criminal defense attorney  in your county and let them give you a better idea of what options are available in your particular case.  ... Read More

1. Yes. He can sue you. Whether he wins is another story. The cost of a PS4 controller is less than $50. The filing fees for small claims can range from $130-$300, and that's just to file the action. If he wanted to bring a lawyer on he would spend more on costs and fees than he would if he went and purchased a new PS4 controller, a new PS4 system, all new games, and a new TV.  2. Yes. He could still sue you, but his case would be much weaker as he does not have any damages.    ... Read More

I believe I answered this question for you when I spoke to you over the telephone. However, your exact question was how do you sue them.   The answer to this question is that you contact a supervising officer at the department and ask for a further review. In the alternative, if you do not obtain a satisfactory response, you can also report the matter to Internal Affairs. Internal Affairs will determine if an investigation is warranted.  ... Read More

You will need to talk with an attorney who specializes in Crimimal Defense.  You should consider one who has achieved Board Certification in Criminal Trial Law because under Florida's sentencing code, if someone is convicted of Aggravated Battery with  a dangerous weapon there   is normally mandatory prision involved even with no prior record.  Many times there is a way to win the charge, get it reduced, or get the sentence lowered.   ... Read More

The concern would be accessibility to the gun. The other person owns the gun.   Among other things, you are not allowed to possess or control the gun. Generally, that means the gun cannot be left in a place where it is accessible to you. There are exceptions and any lawyer you consult must know all the details.... Read More

First of all, if you were at a sentencing you must have entered a plea to a charge, if it was a felony I am assuming you had an attorney either appointed or hired.  That is something you should have discussed with the attorney and should now if you are not clear.  Throwing something on someone such as a substance can still be a battery.  Since there were no injuries the only thing that would make it a felony is the status of the person it was thrown on.  If the person was over 65 any battery becomes a felony, there are also other people that can apply to, but I would guess that is the one that would apply in your case. If your case is not over and you do not have an attorney I would contact one in your area right away.    ... Read More

If you transfer back to Florida you will not have to start probation all over again. Your probation will pick up where it left off in Gerogia. So, if you decide to transfer back to Florida and have 8 months left on your probation while in Georgia, you will have that amount of time left on probation when you transfer back to Florida. Your probation time does not start anew just by transferring back to Florida. If you have further question please contact Largey Law at 352-253-0456.... Read More

Regardless of what your friend does in prison he has to serve 85% of his sentence.  While in the Department of Corrections he is eligible for gain time and good time. If he works at his facility he can shave time off his sentence, but once again he still has to serve 85% of the five year sentence.  If he entered a plea deal he can always try to withdraw his plea, assuming he has grounds for a withdrawal.  If he withdraws his plea he could get a lesser sentence, the same sentence, or end up serving more time depending on the degree of felony he is charged with.  There are time constrains to withdrawing a plea.  He can also try a motion to modify or reduce his sentence.  Unfortunately the majority of the time such motions are denied.... Read More

It depends on the terms of your probation. If the terms state that you are to have no contact with children of a certain age then you can have no contact with children of that age or below.  If there is no condition of your probation stating that you are to have no contact with children of a certain age then you should be able to live with your wife and kids.  You really need to ask what the conditions are of your sex offender probation. Further you may not be able to live with your wife and kids depending on whether they live near a place where children congregate, such as a park or daycare, or school. To properly answer your question one would need more information about the conditions of your probation.... Read More

Typically, the Clerk of Court for whichever county that your original charges are located has the payment information. Additionally, most clerk's offices provide for a payment plan that may help you get your license off of the suspension while allowing you to pay a smaller amount over time if you cannot afford the entire payment at once.   ... Read More

Many felonies can be sealed but there are prerequisites.  You can not have been adjudicated guilty of any criminal offense and cannot have ever had a previous arrest sealed or expunged.  There are still some charges that can not be sealed, so you should call a criminal defense attorney to see if you are eligible to get your arrest sealed.... Read More

If you have a lawyer you need to talk to him or her right away.  If the state has not filed the charges it may be possible to get it dropped early.  If it has been filed or they do file it, this is vital information for your defense.  Unfortunately, you are not going to be able to properly present it without the assistance of an attorney.  If you are not able to afford an attorney you need to ask the court to appoint one for you at your next court hearing or go to your local public defender's office and ask them the procedure to get an appointed attorney.  If you are going to retain an attorney I would suggest doing so earlier rather than later.  Make sure it is an attorney who specializes or concentrates on criminal defense.... Read More

First let me make it clear that this answer in no way is to be taken as forming an attorney/client relationship. If your son has a bad lawyer, hire him a criminal lawyer, even if you need to mortgage your house to do so.  If he takes the plea, that is the end of the case.  If you think his lawyer was bad during the case, his lawyer will do no better, IMO, on the appeal.  If your son is truely innocent, he needs a lawyer who handles felonies, and that can be expensive, especially at the appellate level.  Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

The Statute of Limitations is a time limit set for the State of Florida to file charges against you.  Generally, it starts on the date of the offense.  However, there are exceptions.  For felonies in Florida, the statute of limitations could be as short as 3 years.  Each case is different and needs to be considered separately. You need to speak to a Florida attorney to get a more definite answer.  If the case is in Charlotte, Lee, Hendry, Sarasota, Manatee or Desoto counties, you may call my office at (941) 255-5525.... Read More

When you ask if you might need to retain a lawyer, I assume you must have a public defender if you are talking about a felony charge.  Public defenders are lawyers and they should be able to answer your question.  A withholding of adjudication means that it is not an  conviction of the charge.  Even though you are sentenced you can say you were not convicted.  You probably need to talk with your public defender in more depth and discuss any other alternatives.  If you can not get an answer then you may want to retain a private attorney.  This could be a very important decision on your part. ... Read More

If you have not called a criminal defense attorney yet, you need to do so immediately.  If this occurred in Lee, Hendry, Charlotte, Desoto, Sarasota or Manatee counties, you can call my office and I will be happy to discuss it with you.  If not, use lawyers.com to find an attorney.  Most will consult with you for free. ... Read More