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Florida White Collar Crime Questions & Answers
2 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing criminal charges for scheme to defraud and grand theft despite Skateworld's insurance compensation.

I'm facing criminal charges for scheme to defraud and grand theft filed by Skateworld. They made financial mistakes, filed an insurance claim for the loss, and were compensated but are still pressing charges against me in Polk County. The sheriff arrested me, and I haven't received clear... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jun 9, 2025

The fact that a "victim" has insurance coverage to cover a loss does not necessarily mean that the fact that a crime may have been committed. It will sometimes lessen the incentive for the victim to want to see the case go forward. Whether to proceed is a decision for the State Attorney... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 19, 2025

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

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3 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

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3 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for Florida on
Q: Good morning. MY QUESTION: I was charged with “Grand theft (more than $750 but less than $2500.00”. Continues below

First time ever being arrested. Was given 18months probation with adjudication with probation. I’m all completed with probation. Completed classes and all financial obligations. Went to court and was released off probation. When looking up my DC# I’m still on there with charges stating the... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 1, 2024

If you entered a plea to this case and was placed on probation "with adjudication", the information will never be removed from your record. If you entered into some type of diversion, you may be able to seek expungement or sealing if the case was dismissed. If the "dismissal"... View More

1 Answer | Asked in Consumer Law, White Collar Crime and Criminal Law for Florida on
Q: Solicited online, facing threats and payment demands from phishing individuals. Need legal help in Florida.

I solicited sexual services online and was contacted by individuals who seemed to be phishing me. They claimed to know my details and offered me grace if I paid $1400 and stayed off all dating sites, including the one where the solicitation occurred. They mentioned "financial officers"... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 17, 2025

This is a scam as it is always a scam, stay off those sites and ignore them entirely when they follow-up, change your number and or email address, and again, stay off those sites.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: Motion for defective indictment in felony murder case

I am dealing with a case where I was charged with first-degree murder, armed robbery, and fraudulent use of a credit card. However, the state failed to include the principle theory statute in the indictment. Despite this, the jury was instructed that I was a principal to all charges, including... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can challenge the indictment’s legal sufficiency by filing a motion to quash or dismiss for a “defective indictment” under your jurisdiction’s criminal procedure rules, arguing that the grand jury failed to allege the principal-actor statute necessary to support a murder or robbery... View More

1 Answer | Asked in Criminal Law, White Collar Crime and Personal Injury for Florida on
Q: How can I sue my mother for forging my signature and stealing my paychecks for five years?

I have discovered that my mother has been forging my signature to steal my paychecks bi-weekly for the past five years. I want to sue her for her actions, but I cannot confront her directly due to her abusive behavior and fear of the repercussions from both my parents. What evidence should I be... View More

James L. Arrasmith
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answered on Jun 7, 2025

You’re in an incredibly tough position, and the betrayal from a parent, especially over such a long time, is heartbreaking. The first thing you should do is gather all possible documentation. This includes copies of the paychecks, bank records showing deposits you didn’t receive, and any... View More

3 Answers | Asked in Divorce, Contracts, White Collar Crime, Family Law and Criminal Law for Florida on
Q: Ex-spouse noncompliance and forgery in mortgage loan modification.

My ex-spouse is failing to comply with the divorce agreement regarding our mortgage in Florida. Additionally, my signature and those of two witnesses were forged for a loan modification. I am worried about the financial and legal implications of these actions. What steps can I take to ensure the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 18, 2025

You need to file a motion with the court expressing your concerns and asking for enforcement of the agreement. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, White Collar Crime and Criminal Law for Florida on
Q: Accused of auto insurance fraud after a car crash; policy exclusion led to claim denial. Examination under oath requested with personal records.

I am accused of auto insurance fraud regarding a car crash. The insurance company claims I didn't have coverage on the crash date because I did not include roommates on my policy. There are pending legal proceedings, and they have scheduled an examination under oath. The company is requesting... View More

Tim Akpinar
Tim Akpinar
answered on May 17, 2025

While it would be best for a Florida attorney to advise, since there could be state-specific elements of insurance or criminal law in an insurance fraud matter, it could be worth considering a consult with an attorney. EUOs represent a major investment of time and resources on the part of your... View More

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Q: Inheriting property with squatters forging lease, need help.

I recently inherited a commercial property from my father, which transferred to me after being filed recently. The property has professional squatters who have forged a lease and are preventing me from accessing the site. There was no lease or agreement made with these squatters. My father also... View More

Anthony M. Avery
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answered on May 13, 2025

Hire a FL attorney to sue all occupants for possession only. You will not be able to do this yourself and may need to sue for Ejectment. Time is running against you. Title and Possession are two different things.

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2 Answers | Asked in White Collar Crime and Criminal Law for Florida on
Q: Can scheme to defraud and failure to redeliver charges be sealed after probation completion?

I have a resolved scheme to defraud charge and a charge for failure to redeliver a hired vehicle on my record. These are the only charges on my background, and I have completed all court-ordered requirements including probation. It has been challenging to find employment due to these charges. Is it... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on May 13, 2025

I would recommend speaking to a local attorney in your area. They will need to review the result of the plea you took to see if you qualify. If adjudication was withheld, you may qualify. If you were adjudicated guilty you probably will not. It will also impact you if the two charges were related... View More

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1 Answer | Asked in Federal Crimes, White Collar Crime and Criminal Law for Florida on
Q: Can John face legal consequences under 18 USC 956 if recorded murder plans are sent to the US embassy?

I am concerned about a situation involving a friend, John, who has dual citizenship with the USA and another country. John discussed plans to kill someone in the other country (who is not a US citizen) with his friend Chris, who resides there. Chris has been blackmailing John for money, claiming he... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under 18 USC 956, which addresses the offense of conspiring to kill someone in a foreign country, John could face legal consequences if it is found that he made plans or attempts to carry out such an act. Even though the victim is not a U.S. citizen, the law covers U.S. citizens who plan or... View More

1 Answer | Asked in White Collar Crime, Civil Litigation, Consumer Law and Criminal Law for Florida on
Q: Suspecting ABA therapist of forging signatures for fraudulent billing.

I suspect my son's ABA therapist has been falsifying my signature to claim fraudulent payments for services not rendered. The discrepancies between the therapist's reported visit times and my records suggest billing for times she wasn't present. For example, she claimed a three-hour... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s essential to take immediate action if you suspect fraud, especially if it involves your child’s therapy. First, gather all your evidence, such as records of the discrepancies, any written communications with the therapist and the therapy company, and documents showing the actual times of... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and White Collar Crime for Florida on
Q: Probability of jail time for multiple felony charges and recent arrest.

I have been charged with one count of grand theft for property valued between $20,000 and $50,000, one count of using a two-way communication device to facilitate a crime, and one count of fraud-swindling to obtain property between $20,000 and $50,000 (141 counts in total). After these charges,... View More

Michael Celso Gonzalez
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answered on Mar 26, 2025

Without knowing more, I would have to say that your criminal punishment code score sheet is going to put you in the category of mandatory jail time. You should request a copy of your score sheet so you see where you score. If you are represented, this is something that your attorney should be able... View More

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1 Answer | Asked in Criminal Law, Social Security, Estate Planning and White Collar Crime for Florida on
Q: How to challenge a fraudulent power of attorney in Florida involving forgery and dementia?

I discovered on December 8, 2024, that my stepdaughters forged my husband’s signature to secure power of attorney. My husband suffers from dementia and is unable to appoint a new power of attorney. They have since altered his Social Security benefits, making themselves the payees and removing my... View More

James L. Arrasmith
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answered on Mar 16, 2025

To challenge a fraudulent power of attorney in Florida involving forgery and dementia, you must first file a petition in the probate or circuit court in the county where your husband resides. Clearly outline the forgery allegations and include the supporting documentation you possess, such as... View More

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