Bruce Griffith Howie’s Answers

Bruce Griffith Howie

Clearwater Criminal Defense Attorney.

Contributor Level 10
  1. If you are acquitted of criminal charges, do you still have to pay police investigative costs?

    Answered over 2 years ago.

    1. Stephanie Bolton
    2. Nick Jay Dorsten
    3. James Regan
    4. Bruce Griffith Howie
    5. Christopher Thomas Hersem
    6. ···
    8 lawyer answers

    The answer is found in Article I, Section 19, of the Florida Constitution: "No person charged with a crime shall be compelled to pay costs before a judgment of conviction has become final." If you are acquitted of a charge, you can never be convicted of it. The term "costs" covers all costs relating to a criminal prosecution, including investigative costs. It does not matter that the Sheriff's office is considered part of the executive branch.

    5 lawyers agreed with this answer

  2. I have a open container (as a passenger) ticket that I paid, but it still shows up on my license. I have a cdl. how do I get off

    Answered over 2 years ago.

    1. Christina Maria Soberon-Llort
    2. Bruce Griffith Howie
    3. Carey Duncan Carmichael Jr.
    3 lawyer answers

    When you pay a non-criminal traffic ticket where a court appearance is not mandatory, it is taken as an admission to the facts of the case just as a plea of guilty would. As a result, it remains on your public record indefinitely. There would be no points on your driver's record with the Florida DHSMV because no points are given for a charge unrelated to the operation of a motor vehicle. As for your problem being hired, I suggest that you advise a potential employer up front about this...

    5 lawyers agreed with this answer

  3. I am the parent of an adult female criminal in a correctional institution. I know the docket # & dates of athe crimes. how can I

    Answered over 2 years ago.

    1. Stuart M. Address
    2. Bruce Griffith Howie
    3. James Regan
    3 lawyer answers

    If you do not know the county where the charges were filed, another option is to go to the Florida Department of Corrections website at www.dc.state.fl.us/ and click on "Offender Search" then "Inmate Popuation Search" then type in your daughter's last and first name. When her page comes up, scroll down to the information concerning her current sentence, and the name of the county, the nature of the charge, and the county's criminal case number will be listed. If you need more details, you can...

    5 lawyers agreed with this answer

  4. If a person sends you a certifed notice not to tresspass is it enforcable by law?

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. Carey Duncan Carmichael Jr.
    2 lawyer answers

    First, the person who sent you the letter must be either an owner or lessee of the property or someone who is authorized by the owner or the lessee (such as a manager, or even the police) to send you the trespass warning. If that is the case, then the letter is a valid warning that you must stay off the property, because you are no longer authorized, licensed, or invited to enter or remain on the property. This is true whether the property is a residence or a commercial property. If you go...

    4 lawyers agreed with this answer

  5. My son was charged with aggervated assult w/deadly weapon . the victim said there was no weapon but a witness says there was

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. Arye P. Corbett
    3. Richard Earl Hornsby
    4. Robert Jason De Groot
    4 lawyer answers

    If the victim says that there was no deadly weapon, even if there is a witness who says there was a deadly weapon, your son may have the defense that because the victim did not see a deadly weapon, the victim did not have a "well-founded fear" that violence with the deadly weapon is imminent, in which case it may be a simple assault which is a misdemeanor. The State Attorney, however, is allowed to charge aggravated assault with a deadly weapon if they have sufficient evidence that a deadly...

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  6. When will Miami dade pick up an inmate for probation violation in lee county?

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. Justin Koger Beckham
    3. John Matthew Leace
    3 lawyer answers

    The answer to this question lies entirely with the court systems of Lee County and Miami-Dade County. Lee County will probably not release him to Miami until his revoked license case is resolved by the court and his jail sentence, if any, is served. Lee County would then contact Miami to come get him within a certain number of days since Lee County does not want him in its jail any longer than necessary. As a matter of security, neither the Sheriffs of Lee County or Miami-Dade County will...

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  7. Is it legal for a 17 year old to get inpregnanted by a 20 year old??

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. Gregory Philip Bowes
    3. Barry Franklin Poulson
    4. Meghan Hayes Slack
    4 lawyer answers

    Actually, the age of consent in Florida is 16 if the other person is under the age of 24; if the other person is 24 years old or older, having sexual activity with a person under 18 is a second degree felony. See Sections 794.011, 794.05 and 800.04, Florida Statutes. If parents of the minor consent, a person can be married in Florida at the age of 16, and if a woman is pregnant or has given birth, even without parental consent a county judge has the discretion to issue her and the father of...

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  8. Shoplifting, Civil demand letter. Am i Going to court? should I pay?

    Answered over 2 years ago.

    1. Don Waggoner
    2. James Regan
    3. Harry Edward Hudson Jr
    4. Bruce Griffith Howie
    4 lawyer answers

    Under Section 772.11, Florida Statutes, the victim of a theft has a cause of action for three times the value of the item stolen, or $200, whichever is more. The letter you received from the law firm is a written demand required before Wal-Mart can file a law suit against you. This does not necessarily mean that a law suit will be filed. A business like Wal-Mart sends out hundreds or possibly thousands of such letters a year in Florida alone and is playing a percentage game. The object of...

    3 lawyers agreed with this answer

  9. I am charged with battery touch or strike? But! (please read details)

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. Matthew D Sandburg
    3. Christina Maria Soberon-Llort
    3 lawyer answers

    I also agree with your decision not to accept the plea bargain. The witness against you is reluctant and may actually aid in your defense. This witness should have complied with your demand that he leave your premises, and he was trespassing when he didn't leave. The force that you used was not deadly force, and you are allowed to use reasonable force to get a trespasser to leave. You have both the traditional self-defense and "stand your ground" arguments on your side; see Sections 776.012,...

    3 lawyers agreed with this answer

  10. Convicted in1984 of a felony in va.-now living in fl.- how do i get my rights back to vote or carry a gun?

    Answered over 2 years ago.

    1. Bruce Griffith Howie
    2. James Regan
    3. Robert Jason De Groot
    3 lawyer answers

    This is probably not a simple matter of asking for your record to be sealed or expunged. If you were convicted of these felonies, there may be no provision in the states where the convictions occurred that would allow you to erase the records. Not being a Virginia attorney, I can tell you that if these felony convictions occurred in Florida your only recourse would be through the Office of Executive Clemency in Tallahassee where you would petition for the restoration of your civil rights (...

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