Archived
How often in FL does the Judge decide it's not neccessary to follow sentencing enhancement guidelines for HFO?
John's answer
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Answered on December 08, 2016
Section 775.084 is a bit convoluted so be careful trying to read this statute. It covers HFO, HVFO, 3XVFO, and VCC. A common error people make is...
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Archived
What is my defense if i am charged with possession of a firearm by a convicted felon even when i was not in the house where the
John's answer
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Answered on November 27, 2016
You need to understand that the State need only show possession. Not ownership. Actual possession is defined as being in the hand of or on the...
How would Grand Theft charges by switching barcodes fit under the definition of Grand Theft for State of FL?
John's answer
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Answered on November 20, 2016
In Florida it is a theft if you "knowingly obtain or use, or endeavor to obtain or to use, the property of another...." In other words, merely...
Archived
I is there anyone in Florida that will take pro bono cases anymore if someone was wrongfully convicted to a life sentence?
John's answer
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Answered on November 06, 2016
If "all charges have been dismissed due to new evidence but they are still holding him" I suspect that his previous conviction has been vacated in...
Archived
Will alachua county expedite you from orange county on warrant for failure to appear on a VOP
John's answer
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Answered on November 06, 2016
The short answer is probably. The prosecuting authority, which in Florida is the State Attorney, decides whether or not to extradite. The assigned...
Archived
If someone just moves from Mississippi to Florida while on probation, will they be arrested and sent back to mississippi?
John's answer
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Answered on October 30, 2016
If Mississippi issues a warrant then, yes, he can be arrested by Florida on the warrant. Whether Mississippi requests extradition most likely is...
Archived
What is the process in a non-arrest violation of injunction misdemeanor case?
John's answer
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Answered on October 30, 2016
If the State Attorney filed formal charges, called an Information, without an arrest then the Clerk issues a capias which is essentially either an...
Archived
Someone with domestic carges on probation for 8 years and have completed 3 years of it with no issue such as new violations?
John's answer
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Answered on October 24, 2016
The Court may hear a Motion to Terminate Probation at any time. However, in my experience, judges won't grant the motion unless 1/2 of the...
Archived
My fiance was sentenced to 60 years for sex crime with no physical evidence is basically hearsay
John's answer
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Answered on October 03, 2016
Do a public records request for any written plea offers or notes of plea offers. It is best to put it in writing and include the defendant's name...
Archived
What happens when you get charged with batter- touch or strike on a juvenile?
John's answer
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Answered on September 02, 2016
Law enforcement can make an arrest based upon probable cause. If the case is eventually tried, the jury can only find the defendant guilty based...
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