Legal Question in Criminal Law in Florida

I live in naples fl.and for the past fifteen years I have been building screen enclosures.

In Jan I contracted to build a screen enclosure but after starting the permit process I ran into easement issues, the original pool and sreen enclosure were built over the drainage easement, well this took until august to straighten out. I am licensed to do screen repair not aluminum. A friend of mine is a state certified GC and has been pulling my permits. The home owner decided to fire me and has given me 3 days to return the deposit which I dont have after nearly ten months, or she's going to the DA's office and pressing charges. I have a family and we are in bad shape financially

my wife was just laid off to make things worse. I dont want to go to jail, I would certianl loose everything that I have not allready lost.


Asked on 9/27/09, 10:24 am

1 Answer from Attorneys

Don Waggoner Don Waggoner Law, P.A.

I don't think you've committed a crime. She can go to the SA and you could get arrested, but, it seems to me like you have been ready and willing to do the job you contracted for. Any delay or necessity for other work you are not licensed to do is on her. When you took the deposit, I am sure you told her it was conditioned upon permits being pulled. I am sure you did not take responsibility for not getting permits due to conditions beyond your control, but in the control of the owner of the property. You set aside time and refused other jobs because you had contracted to do this one. The deposit at least covers that. The only criminal complaint she may have is theft or contracting without a license. The latter is touchy. You probably need to speak to an attorney, and I advise you do so ASAP. He/she can look at any agreement you had and work you promised to do and see if you overstepped your bounds. You must find a way to come up with the funds necessary to hire an attorney.

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Answered on 9/27/09, 11:06 am


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