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Questions Answered by Jonathan Blecher
1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case in browsed county Florida dui DUI with a minor and dui with damage and injury

Fort Lauderdale

Jonathan Blecher
Jonathan Blecher
answered on Sep 16, 2022

DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: My fiance of 5 years, that I live with was arrested for having my prescription medication on him.

He is my main caretaker and I was with him. Can I show the courts that it was my prescription and they will drop the charges ?

Jonathan Blecher
Jonathan Blecher
answered on Sep 7, 2022

If your attorney can proffer a reasonable explanation to the prosecutor it's possible. If the medication was not in it's prescribed container (like the bottle from the pharmacy), that's a misdemeanor. However, if the medication is a controlled substance, it will take some convincing.... Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: Does an officer have to get ur permission to perform sobriety test
Jonathan Blecher
Jonathan Blecher
answered on Jul 14, 2022

When you say "sobriety test", I'm not sure if you mean physical exercises or breath, blood, urine tests.

Officers will try to get you to perform the PSE's and don't ask for permission very often...they just sort of roll into it by saying something like, " I...
Read more »

2 Answers | Asked in Child Custody, Divorce, DUI / DWI and Family Law for Florida on
Q: Can a dui affect my case in a child custody battle during my divorce?

I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Jul 12, 2022

It's very likely that your DUI will become an issue, despite not being convicted of the more serious charge of child endangerment. Consult an experienced family law attorney.

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1 Answer | Asked in Criminal Law for California on
Q: I have a welfare fraud investigator getting ahold of me, should I talk to them?

I’m pretty sure it has to do with me since I am/was on food stamps. After speaking with my parents I did put on the papers that I had no income when in fact I was working. But I thought, which might sound dumb…. But I thought it was asking me for my income after all of my bills. Which would be... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Jul 7, 2022

No

Not without a lawyer who handles those kind of matters.

2 Answers | Asked in Criminal Law for Florida on
Q: Can you be charged, and convicted for sell of meth, when you weren't there even if the detective says you were.
Jonathan Blecher
Jonathan Blecher
answered on Jul 5, 2022

Some crimes can be charged and proved even though the person was present during the commission of the completed act. People charged with conspiracy can fall into this category. Now, if the only crime is the actual sale, and you have an alibi, you can defend your case that way.

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1 Answer | Asked in DUI / DWI for Florida on
Q: If DUI cop marks “NO” next to “Eligible for Permit?” does that mean your citation doesn’t serve as license for 10 days?
Jonathan Blecher
Jonathan Blecher
answered on Jun 23, 2022

Police often mistakenly check the “not eligible” box on DUI citations, most often due to ignorance of eligibility requirements. However, a second DUI arrest, or current suspensions may make a driver ineligible. The local DHSMV office will identify eligibility. Contact them or have an attorney... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: I've been made aware there is warrant out for me for flee elude and missing court. I'm not us citizen and don't live the

How do I deal with this if I don't live there? I won't be going to US anytime soon as currently working in Moscow.

Any information on how I can deal with this and close it down when not living in US would be appreciated.

Jonathan Blecher
Jonathan Blecher
answered on May 24, 2022

There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.

1 Answer | Asked in Criminal Law for Florida on
Q: how do you find out the reason a State Attorney was made to resign?
Jonathan Blecher
Jonathan Blecher
answered on Apr 12, 2022

Check with local media outlets, or Google search. Check with the Office of General Counsel at the Governor's Office,

2 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I am probation for a DUI. I live in the state of Florida. I have completed 9 months of my probation.

I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?

Jonathan Blecher
Jonathan Blecher
answered on Apr 3, 2022

Mr. Mawn is correct. Just being arrested is a violation. Once your PO finds out about it, a warrant should be issued which may require you to surrender. You might have to sit in jail until either a bond is set or until the probation hearing date. Get yourself to an attorney’s office ASAP.

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2 Answers | Asked in Criminal Law for Florida on
Q: Is it illegal to stop someone for driving intoxicated?

Or be considered false imprisonment ?

Jonathan Blecher
Jonathan Blecher
answered on Mar 31, 2022

A DUI stop may be determined "illegal" by a judge, but that simply means that any evidence obtained by law enforcement as a result of the "illegal" stop is inadmissible in court. The best you can hope for then is a dismissal of the case. Government agents have sovereign immunity... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Can 2 misdemeanor shoplifting charges be upgraded to a felony ?

My husband was charged with misdemeanor shoplifting, making this the second charge of the same category. The judge upgraded it to a felony habitual. The public defender is saying the grand theft auto felony charge counts towards that. How can that be? Don't they have to be 3 of the SAME... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Mar 20, 2022

A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

2 Answers | Asked in Criminal Law for Florida on
Q: Is felony code 750.84 a first degree felony?
Jonathan Blecher
Jonathan Blecher
answered on Mar 14, 2022

This question has been posted for Florida attorneys to respond, however there is no section 750.84 in Florida Statutes.

The most relevant law I found is under Michigan Code Section 750.84: Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation;...
Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I have a misdemeanor 2 on record an I submitted an application a month ago to FDLE for a Certificate of Eligibility.

The process to receive a response for the Certificate is 12 weeks. I submitted it a month ago. Now waiting 8 weeks for a response. If approved for Certificate, in turn I would submit the Certificate of Eligibility to the Court for the case to be sealed from the Public. I am currently seeking full... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Mar 10, 2022

The Florida expungement laws and FDLE procedures are very specific. If you're trying to expunge the arrest, you may have missed a step in the process (or you omitted it in your description). It often takes longer than 12 weeks for a return from FDLE. They were moving a bit faster during the... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Hello I have one year house arrest and 2 yrs Fellany probation can I complete the 2 yrs in Siapan Where i want to move
Jonathan Blecher
Jonathan Blecher
answered on Mar 8, 2022

House arrest is a gift from the court. You might be able to convince the judge to convert your HA into additional probation and permit you to travel (and be electronically supervised) if you have a GREAT lawyer. I don't know the specific history of your case, but they don't hand house... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Can I “wait out” a 10 year third dui suspension in Florida and drive again with out any special supervision or interlock

I received a DUI 7 years ago. I got sober and went to school and am now in a special monitoring group called Professionals Resource Networking in order to hold a DOH license to work because of my past. I want to get my hardship license but cannot afford or have the time to do two substance... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Feb 18, 2022

You can wait out the suspension and avoid the supervision program, however you still owe FLHSMV 2 years of IID and the higher insurance policy limits for three consecutive years.

1 Answer | Asked in Criminal Law for Florida on
Q: What is the statue of limitations for filling a new evidence claim in Florida
Jonathan Blecher
Jonathan Blecher
answered on Aug 13, 2021

The two-year time limitations for petitions under Rule 3.850 also apply to petitions for writ of error coram nobis.

1 Answer | Asked in Criminal Law for Florida on
Q: What does motion to set aside bond forfeiture and discharge bail bond and if penal sums paid remit mean in Florida

Does that mean that the persons bond can be and or is reinstated?

Jonathan Blecher
Jonathan Blecher
answered on Jun 5, 2021

No. That motion is normally filed by the bail bonding agent to recover the bond after a failure to appear by the defendant. There’s probably a warrant. Depending on the practices of the jurisdiction, the bond might be reinstated with a new agreement between the bail agent and the defendant, with... Read more »

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