Skip to main content
Leonard Scott Feuer
Avvo
Pro

Leonard Feuer’s Answers

3 total

  • Is it illegal to say to people Vi's text and Facebook messenger that u hope someone kills them selves or they would be doing u a

    Is it illegal to tell a couple people via text message and facebook messenger that you hope someone kills themselves or say they'd be doing me a favor if they killed themselves. The person that they are saying they wished they'd kill themselves or...

    Leonard’s Answer

    If the person sending the messages are threatening to disclose something embarrassing or expose the person to disrepute in some way and that suicide is the course of action that would avoid the disclosure, then yes there is extortion under Florida law. If the messages are not threatening action, but are instead targeting someone known to the message sender to be vulnerable because of some mental instability or suicidal tendencies, and the message recipient acts upon the messages, then some negligence-based prosecution is foreseeable. Even if the message recipient does not act upon the messages, the person sending the messages is likely culpable for some form of stalking/cyberstalking charge. Florida has jurisdiction to prosecute a person sending messages to someone in Florida, even if the sender isn't physically in Florida. As for First Amendment protection, it won't protect the message sender from a stalking charge given the nature of the message and the character of the recipient. The content is not criticism of the government, it's agents or its policies; the message is directed toward inciting someone to kill them self, a breach of the peace. Incitement to breach the peace have not found refuge in the First Amendment. Typically, statutes limiting speech have only survived constitutional scrutiny where their prohibitions are limited to “words which ‘by their very utterance ... inflict injury or tend to incite an immediate breach of the peace,’ or to words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others.” S.S. v. State, 154 So.3d 1217, 1220 (Fla. 4th DCA 2015) (citing State v Sanders, 339 So.2d 641, 644 (Fla. 1976)).

    See question 
  • How long does it take to get a case assigned to a prosecuter.

    My attorney filed all necessary papers for my case to get it dismissed he has been in contact with prosecuter. She said she is waiting for the case to get assigned to her this way we can close the case. How long does this usually take to get it as...

    Leonard’s Answer

    The amount of time can vary greatly depending on whether your case is a felony or a misdemeanor, as well as whether your case involves violence (such as a domestic violence case) where there is a heightened need for attention because there may be an ascertainable victim. Generally, a prosecutor tasked with filing a felony case not involving a homicide or some other exigent circumstance with receive a filing packet (reports from the officers & witnesses) within 1-2 weeks of the event. The case itself may take longer to file because the State Attorney's Office may assign it to a specific prosecutor to make a filing decision. The prosecutor may take much more time to deliberate on a filing decision after receiving the filing packet. If your attorney filed a motion to dismiss, it may require a hearing on the motion which may take more time. You should keep in contact with your attorney, who obviously has much more information about your case and is in a better position to address your concerns.

    See question 
  • MY SON WAS ON 30 MONTHS SIMPLE ROBBERY PROBATION HE VIOLATED WITH NO DRIVER LICENCE WITH STATE DROPPED NOT REPORTING TO PROBATIO

    1 AND POSSESION OF COCAIN HE SCORED 17 MONTHS IN JAIL THE JUDGE GAVE HIM 10 YRS IN PRISON AND SAID HIS REASON WAS NOT FOR THE VIOLATIONS BUT THE USE OF A FIREARM IN A HOUSE HE WAS ORIGANALY CHARGE WITH HOMEINVASION ROBBERY ARM BURGARLY THEY NOLL P...

    Leonard’s Answer

    Typically, a judge may consider any facts related to the charged offense. Exceptions to this are facts not contained in the record, or in the case of a trial, not proven by at least a preponderance of the evidence or facts specifically rejected by a jury. There are some other factors a judge may not consider in fashioning a sentence such as a defendant's protestation of innocence, or the fact that a defendant chose to go to trial.

    If your son was convicted of Robbery, specifying Florida Statute 812.13(2)(c), then your son may have an argument that the judge inappropriately considered your son's possession of a firearm as a factor in his sentencing decision. F.S. 812.13(2)(c) states "If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree."

    See question