Legal Question in Criminal Law in Florida

I recently had an unpleasant encounter with my deceased best friend's son. While my friend was in the hospital dying of cancer I was given permission to go into her to room at home and take some personal items she had in her bag. She lived with her son at the time and he gave me the key to go into the house. He stayed at the hospital with her and I went to let the dog out. I went into her room, took a few things she told me I could have. Three days later she died. Her son then claimed he had hidden cameras in the bedroom and that he saw me stealing from his mother's things. I tried to explain to him that I had had permission prior to going in there from his mother. He did not believe me. Him and his sister have both threatned to call the police but have yet to do so. I told them that I was willing to give back what I had to clear up the misunderstanding. But nothing I say seems to make them content. They also accused me of stealing money, which is totally absurd. My question is, now that my friend has passed on, does her son have any legal right to press charges against me? Ive been in and out of the house on several occasions and I had the key to the house. I feel as if they might be blackmailing me into giving them money, which they claimed I stole. What can I do if the authorities are contacted?


Asked on 5/02/11, 10:03 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me simplify the answer to your complex question. In short, if the police have enough evidence that you committed a criminal act, then the State (and not an individual) could press charges. It appears that some of what was said may be hearsay and the State may or may not be able to prove anything criminal (However, civilly there may be something more to it, but you need to talk to a civil attorney about that). Meanwhile, if you are ever contacted by authorities, tell them you do not want to give a statement without having an attorney present. Inevitably, people think they can talk themselves out of it, even if they are innocent, but the police have their mind made up before they get to your house on what they are going to do, so it is always better to invoke your right to remain silent and right to have an attorney present.

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Answered on 5/04/11, 9:00 am


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