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Questions Answered by Jonathan Blecher
2 Answers | Asked in DUI / DWI for Florida on
Q: I had a DUI (MISDEMEANOR) back in 2014. The record says “ADJUDICATED GUILTY BY COURT” but then it says “DISMISSED”

316.193(1) TCATS - DUI (MISDEMEANOR)

I did 12 months probation, victim panel, and all requirements.

Does the “dismissed” after adjudication means the case was dismissed or is it a normal process of the court - adjudication, fines/punishment, then “dismissed” to close the... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 23, 2020

In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: I just got a petit theft and have 2 previous with 1hold adjudication. How can I get probation

I am also on disability, where can I find pro bono help or just give me your opinion.

Jonathan Blecher
Jonathan Blecher answered on Mar 22, 2020

No question you need an attorney to defend you. Make some calls to local lawyers

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I accidentally clicked on my ex boyfriends Instagram story. I sent him a message saying i didn’t mean to. Is this hara

I then proceeded to block him. I have not spoken to him in over 6 months. His mom has tried to get me in trouble before and wanted to make sure this could not be defined as stalking or harassing

Jonathan Blecher
Jonathan Blecher answered on Mar 20, 2020

Provided the message was not a string of repeated contacts, I wouldn’t think one message classified as stalking or harassment. Good that you blocked him. Stay off IG if you can’t resist the urge to look at his profile.

4 Answers | Asked in Criminal Law for Florida on
Q: i was arrested for petty theft I have proof that it was not me but it’s been 4 months with no court date what can I do
Jonathan Blecher
Jonathan Blecher answered on Mar 18, 2020

Certainly hire a lawyer, but depending where you are located, the courts may be closed. Check your online Clerk's website to see if there's a future date set.

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3 Answers | Asked in Criminal Law for Florida on
Q: Possible arrest warrant and how would you handle this situation

My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 16, 2020

From a technical standpoint, Mr. O'Sullivan might be right. From a practical standpoint, in light of recent events across the world and the US, will the the police took the time and effort to move to prosecute you. This isn't to say that police aren't going to enforce the law, but they would have... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: Can you have a disorderly conduct with probation record from 2014 expunged if you had a cannabis charge expungemen at 19
Jonathan Blecher
Jonathan Blecher answered on Mar 11, 2020

It's one and done in Florida. You only get one expungement.

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1 Answer | Asked in Criminal Law for Florida on
Q: If out of jail on bond what is the law when it comes to a search warrant and a arrest warrant ..in florida
Jonathan Blecher
Jonathan Blecher answered on Mar 8, 2020

Not sure about your specific question. If LE has an arrest warrant they can enter your home to execute it without your permission or consent. Same holds true for a search warrant, though most are “knock and announce”.

If you’re arrested again, expect your bond to be revoked on the...
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2 Answers | Asked in Criminal Law for Florida on
Q: I'm in the middle of a divorce and my lawyer says to get a lawyer to handle a lawsuit on the Answer in the DOM.Need help

I am out of finances and need Pro Bono help.. it is about a book I wrote and I did not get permission from my wife to publish the book. Her name I used in the book, is not her real name, but she signed the petition as Mary B Curtiss and not the Mary E Curtiss she has signed on every document (10... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 7, 2020

Sounds like the Public Defender is in your future. Good Luck.

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1 Answer | Asked in Child Support and Criminal Law for Florida on
Q: If you owe child support in NJ will they try to get your bail money in Florida, from an unrelated charge??

Someone posted an extremely large cash bail for me in Florida ($20k+). They are worried that NJ child support will try and take the bail money. They are considering rescinding the bail before court. The charge is completely unrelated to child support. The person did have to sign something stating... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 4, 2020

I’d be very surprised if a NJ child support judgment could reach a FLORIDA criminal bail bond, particularly when you’re not even the depositor. The fines and costs they’re talking about relate to the criminal case you’re out on bond for.

3 Answers | Asked in Criminal Law for Florida on
Q: On average how much would it cost to obtain legal defense for 3 probation felony’s cases in three separate counties ?

Husband is on felony probation in 3 separate counties and recently committed a crime . Now needs legal representation for the 3 probation counties to serve as a leasion between the courts to speed up sentencing process and hopefully agree to the terms set by the county in which new crimes were... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 3, 2020

There's too many variables in play to give you a very general "average" answer. Consider that most basic probation cases can run about $3,500-5000 each. Combine that with the co-ordination that has to to accomplished between three jurisdictions, three prosecutors, three judges, multiple probation... Read more »

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3 Answers | Asked in DUI / DWI for Florida on
Q: Will it count as time served

My fiance is in jail in Miami dade county on a misdemeanor out of county warrant for polk county he have been sitting in jail now for 1 week polk county has until March 11 to come transferre him if and when they do will all this time he is doing in dade county jail count as time served

Jonathan Blecher
Jonathan Blecher answered on Feb 28, 2020

Whether Polk county will come to get him by March 11 on a misdemeanor is another issue.

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4 Answers | Asked in Criminal Law for Florida on
Q: Hello , my friend got charge of theft of $200 and he never got arrested before can you please tell what will he be charg
Jonathan Blecher
Jonathan Blecher answered on Feb 28, 2020

Petit Theft is a misdemeanor if the value of the item (s) is under $750.00 (new law). Normally, the State will offer a pre-trial diversion program which will result in a dismissal after completion...usually 3-6 months. Your friend should also consider fighting the charges and might get it dismissed... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Will New York State come to Florida to expedite soemone for criminal sale in 3rd
Jonathan Blecher
Jonathan Blecher answered on Feb 28, 2020

I agree with Mr. Cohen, however it would be a good idea to repost this question in a NY criminal lawyer forum on Justia. You’ll get answers from boots on the ground lawyers in NY. Good luck.

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2 Answers | Asked in Criminal Law for Florida on
Q: Is it illegal to rent a rental car under your name for someone else
Jonathan Blecher
Jonathan Blecher answered on Feb 24, 2020

This is a contractual matter between you and the rental car company. They all make you sign off that you will be the only driver of the car, or you must list another driver by name. The wiggle area is if you have another person covered on your insurance policy. What if there is a crash and you... Read more »

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4 Answers | Asked in Criminal Law for Florida on
Q: A Violation Of Probation happens due to a shoplifting charge but then is found non guilty what happens to the VOP?
Jonathan Blecher
Jonathan Blecher answered on Feb 23, 2020

Simply being arrested is a violation of your probation, regardless of the NG on the petty theft charge. I agree with my colleagues, and suggest you retain an attorney right away.

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3 Answers | Asked in Criminal Law for Florida on
Q: what do I do?

arrested for a petty theft of chicken from Publix but they are making this a felony case because this is the third time ,Last time he had a petty theft charge was over ten years ago,

it was a mistake I called ahead and they had it waiting and I called him telling him it was ready for pickup... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 21, 2020

You hire a lawyer to speak with the prosecutors on your behalf. You may need to give them a sworn statement to clarify the facts.

Good Luck.

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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a teacher legally prevent a student from getting to they're next class after the bell has rung?
Jonathan Blecher
Jonathan Blecher answered on Feb 18, 2020

That will depend on the facts and circumstances. There may be situations where it’s appropriate and justified.

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2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Is it legal to record a teacher discretely or indiscreetly without they're consent in a public school?
Jonathan Blecher
Jonathan Blecher answered on Feb 18, 2020

Florida is a “two party” state. Both the recorder and recordeee have to consent, whether or not it’s discretely done.

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3 Answers | Asked in Criminal Law for Florida on
Q: If a sitting judge presided over a case that was completely corrupt and was charged with corruption a few years later

Is it possible to sue the district attorneys office?

The case I refer to is the state vs Francisco Munoz, 1972. I have lived with this injustice for over 50 years. Thanks for your time and effort.

Jonathan Blecher
Jonathan Blecher answered on Feb 14, 2020

I don't understand how a "corrupt judge" translates into suing the DA, unless you're alleging they conspired with one another. There may be grounds to re-open the case, though the passage of time is a great obstacle.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can *private* universities in Florida permit firearms possession, storage, concealed carry, etc?

Fla. Stat. § 790.06(12) prohibits CWFL holders from carrying lethal weapons or firearms on "any college or university facility". The statute does not specify whether this applies only to public/community colleges and universities. Does this prohibition also apply to private universities? Can... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 8, 2020

A basic principle of statutory construction is if a statute omits something, it’s presumed that the legislature intended to do so. You should assume, therefore, that the plain reading of the statute does apply to ALL colleges or universities.

No college can offer you an exception to your...
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