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Questions Answered by Jonathan Blecher
1 Answer | Asked in Criminal Law for Florida on
Q: Is Act 1491 of 2009, which automatically restores firearm rights after completion of Drug Court, retroactive?

If a defendant received expungement in 2010, but was sentenced in 2008, are they eligible for automatic restoration of firearm rights?

Please consider the following:

Act 1491 of 2009

Sentenced under: Arkansas Drug Court Expungements (ACA 16-98-303(g))

Jonathan Blecher
Jonathan Blecher answered on Nov 9, 2020

Repost in Arkansas section, not Florida.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Jonathan Blecher
Jonathan Blecher answered on Nov 9, 2020

Auto insurance has personal injury protection (medical $10,000)

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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI arrest after blowing over the legal limit.

Is my license suspended automatically for 6 months here in Florida?

Jonathan Blecher
Jonathan Blecher answered on Nov 5, 2020

Your Florida driving privileges are what’s suspended. If you are licensed in another state, Florida’s administrative suspension should not effect your out of state license.

You only have 10 calendar days to either request a formal review of the legality of the suspension, or waive that...
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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a no-contact order is violated in a criminal case by the defendant,can the victim get in trouble by taking his call?

This is a domestic violence case involving my 20 yr old daughter. The judge imposed the order in the beginning and said it would add to his charges if violated. He calls her from prison daily violating the order. Can she get in trouble by taking these calls? These calls are coming to her cell phone... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 3, 2020

You should notify the State Attorney that he's calling and violating the Order. Keep a record of the calls. Your daughter should not speak with him, but if she does the only thing she should say is "don't call me". Inmate calls from jails are recorded, so there will be a record.

1 Answer | Asked in Criminal Law for Florida on
Q: i can afford a lawyer this isnt arraignment this is my court date it was prolonged you to covid I basically forgot about

Final court date tomorrow no lawyer no public defender this is past arraignment I'm basically defending myself what do I do NE advice would help

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

How do you forget that you have been charged with a crime? Does it happen so often that you lose track of your cases? The night before court, you’re asking for advice? What a mess you are. Tell the judge you’re stupid, which won’t be difficult for her to agree with, and request a postponement... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: was ares.march 1st felony and mis drug have court tom no att or public def. never been n trble w the law WHAT DO I DO

with the plandemic goin on and everything being tossed around, Ive been extremly busy and me being clueless with the courtroom i just need some!advice pls TY

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

It’s a pandemic, not plandemic. Tell the judge you’re not very bright and you forgot that you were charged with a crime. Maybe she’ll feel sorry for you and give you time to hire a lawyer, or she will appoint a public defender.

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4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Jonathan Blecher
Jonathan Blecher answered on Oct 15, 2020

Would you need a doctor to perform surgery?

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I think Im being scammed and so is my elderly 77yr mom. Dad died 6yrs ago my mom and I had 50-60k and a 300k house gone

I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!

Jonathan Blecher
Jonathan Blecher answered on Oct 14, 2020

I agree with my colleague"s answer and I would also contact the police and file a report.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can my son be charged with tampering with a witness by he say she say??

I can send you a copy of the report .

Jonathan Blecher
Jonathan Blecher answered on Oct 12, 2020

We're not here to give free legal advice. Hire a lawyer if you want someone to review reports.

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1 Answer | Asked in Criminal Law for Florida on
Q: My roommates are accusing me of theft without proof. They called the police to swear out a warrent. Can I be arrested?

So I get a text message from my roommates today saying that there were two TVs in storage missing, I text back saying they should file a report. I later find out that one of my roommates was calling the police to file a report of theft, yet accused me of all people of stealing the TVs. keep in mind... Read more »

Jonathan Blecher
Jonathan Blecher answered on Oct 11, 2020

No Internet forum is going to go into any detailed analysis of your case. The smartest thing you can do is to consult and retain an attorney in your area.

3 Answers | Asked in Criminal Law for Florida on
Q: What if one of the statutes my son is being charged with is clearly not applicable due to the stated age?

The statute states 21 yoa or older and he is younger, by 3 years.

Jonathan Blecher
Jonathan Blecher answered on Sep 16, 2020

I wouldn't try to play lawyer (unless you are one) by parsing statutes, just like I won't perform surgery after reading a medical textbook. Hire an attorney to go over this issue in specific detail. Good Luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: how much would you charge to seal records?

The Judge dismissed both cases when it was proven that I paid everything back.

Jonathan Blecher
Jonathan Blecher answered on Aug 29, 2020

Lawyers shouldn’t be posting fee quotes in this forum. I suggest that you contact individual lawyers directly to obtain that information. What I can tell you is that prices for record expungement vary from city to city in Florida, though COVID-19 has resulted in lower legal fees for many types of... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If I tell a person to assault another, and I offer to pay their legal expenses. Am I liable to any criminal charges?
Jonathan Blecher
Jonathan Blecher answered on Aug 28, 2020

I don't know, but candidate Trump did that in 2016 and he's now the president.

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2 Answers | Asked in Criminal Law for Florida on
Q: What is the least penalty for negligent homicide?
Jonathan Blecher
Jonathan Blecher answered on Aug 10, 2020

Can be a 15 or 30 year max.

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—

(1) The killing of a...
Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If you have a failure to yield ticket with injuries you have out of state license which state do you pay penalties for?
Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

The state where the incident occurred, however there may be repercussions in your home state.

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

Letters to judges generally don’t get the job done, as judges don’t conduct business that way. You’ll need to file an appropriate motion and have it heard in open court.

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2 Answers | Asked in Criminal Law for Florida on
Q: my question is regarding right to a speedy trial. I haven't as much as been to a pre-trial. arrest in Dec.

arrested in dec.2019 and haven't been to a first court appearance and i feel 6 months is plenty of time

Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

Despite the tolling of the Speedy Trial Rule 3.191 by the Florida Supreme Court, you may have an argument for dismissal under "constitutional speedy trial". Six months isn't quite long enough, though and you're not in custody. Speak with your lawyer about your options.

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3 Answers | Asked in Criminal Law for Florida on
Q: What if I don't have a lawyer and I'm waiting to get a pointed one or what would be the price to get a lawyer Idk

I've never had to deal with this so I'm really don't know what to do and I don't know what the cost of a lawyer would be

It's only a petty theft from Walmart

Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

You probably won't get a court appointed lawyer, unless the State certifies they are seeking a jail sentence if convicted. That said, retained lawyers for these low level cases, with no priors, will cost you much more than the likely value of the items from Walmart. Generally, unrepresented... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Are there any Attorney General's Opinions on Gun Sales in Florida?
Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

Of course there are AG opinions. Your question is too vague to give you more information, though.

2 Answers | Asked in Criminal Law for Florida on
Q: I miss my court date for petty theft charge what can I do to rearrange my court date because of work
Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

If you don't have an attorney, I suggest you call the judge's office and schedule a hearing to remove the bench warrant, though it will go smoother and faster with a lawyer.

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