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Questions Answered by Jonathan Blecher
1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I’m trying to get into the military and 2 felonies are keeping me from it. I wanted to know even though my case is done

can I have them dropped to misdemeanors, if not what can I do?

Jonathan Blecher
Jonathan Blecher answered on Jan 22, 2020

Possibly. You’ll need a good lawyer to make it happen for you and the backing of a recruiter

1 Answer | Asked in Criminal Law for Florida on
Q: What does it mean when the defense motion to continue but denied case remain as set

Battery case

Jonathan Blecher
Jonathan Blecher answered on Jan 21, 2020

I’d need to see the context, but it appears that a Motion to Continue was denied and the case remains set for trial. But, a lawyer with access to the complete court record can explain this with greater particularly.

1 Answer | Asked in Criminal Law for Florida on
Q: Conducted a background check in the FDLE public system and no record was found for a conviction, why?

There was definitely an arrest, and conviction, just confused as to why their system has no record of it.

Jonathan Blecher
Jonathan Blecher answered on Jan 20, 2020

All computer systems are only as good as the data humans input. If the local courts don’t report the conviction right away, or at all, the FDLE record will be incomplete.

1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: I need an attorney who has extensive experience in cases as a defendant vs the SEC in Miami

See: SEC vs Dayne Roseman (Google search will show case and prosecutors)

Jonathan Blecher
Jonathan Blecher answered on Jan 16, 2020

I know an excellent lawyer, however I don't think I'm permitted to make referrals in this forum. You are free to reach out to me through my profile on Justia for more information. Jonathan Blecher

2 Answers | Asked in Criminal Law for Florida on
Q: My son was arrested and his cell phone was taken as evidence. The phone is in my name how do I get it back

I’m still paying monthly installments on the phone and want it back... also they said in the arrest report that they took it because they could read the messages popping up on the screen but that’s not true. His notifications don’t preview the messages

Jonathan Blecher
Jonathan Blecher answered on Jan 14, 2020

You’ll need a lawyer to pursue the return of the phone through the courts. Police may fight you and seek a warrant to break into the phone to look for incriminating evidence. The most important thing is to find representation for your son. Good luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: I was gave a camera as a gift and pawned it now the person who gave it reported it stolen i have text provin he gave it
Jonathan Blecher
Jonathan Blecher answered on Jan 14, 2020

I suggest you meet with an attorney and explain the details and show the proof. Good luck.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a city police come into another city Or county in chase and arrest you
Jonathan Blecher
Jonathan Blecher answered on Jan 13, 2020

Generally, “hot pursuit” covers that. Additionally, many police agencies have mutual aid agreements with other adjacent jurisdictions for enforcement.

Hire a lawyer to explore your possible defenses.

3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Jonathan Blecher
Jonathan Blecher answered on Jan 11, 2020

Possibly. If you received a withhold of adjudication on the reckless, you may be eligible for a record sealing. Contact an attorney to discuss your options. It's a simple process to look up your case online.

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2 Answers | Asked in Criminal Law for Florida on
Q: If a person was charge for a crime he committed two days prior. And the court records say he did it on the 27th..

but, the actual crime took place on the 24th, would he still be responsible.. meaning.. if you punched someone on the 24th.. but the court records for years say your crime took place on the 27th.. Do you have a case to set the record straight and sue for false records of being accused on the wrong... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jan 9, 2020

If your son pleaded guilty, or no contest, or was tried and convicted he has 2 years to move to vacate the conviction.

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2 Answers | Asked in Criminal Law for Florida on
Q: My boyfriend is on state felony probation we live here in Florida he is on two different counties but combined toghther

He failed his UA goes back in tomorrow is he going to jail his po said she was going to recommend drug classes what is most likely going to happened

Jonathan Blecher
Jonathan Blecher answered on Jan 9, 2020

Failing a UA is almost as bad as being re-arrested since it shows you were in possession of drugs. If it’s a drug related crime, drug counseling may be appropriate. Much will depend on the PO recommendation and the sentencing practices of the judge.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can you go to a sporting event while in probation?
Jonathan Blecher
Jonathan Blecher answered on Jan 5, 2020

It depends. If you have a travel restriction that makes attending the event a violation, then possibly.

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2 Answers | Asked in Criminal Law for Florida on
Q: I was intoxicated while in a public place. I was arguing with my spouse and I smacked his glasses off. He smacked me.

We were waiting for a taxi and a security guard was called. He said he was going to review the video. Can we be charged with a crime? Also, we live in NY.

Jonathan Blecher
Jonathan Blecher answered on Jan 2, 2020

Not by a security guard.

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1 Answer | Asked in Criminal Law for Florida on
Q: S/H ALACHUA VOP CRIMINAL MISCHIEF 1000 OR MORE what does the s/h stand for?
Jonathan Blecher
Jonathan Blecher answered on Dec 21, 2019

Could mean "Sheriff Hold"

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Probate for Florida on
Q: If me and my wife got into an altercation and she called the law and I was arrested for domestic battery can she bail

Can she legally bail me out of jail the next day

Jonathan Blecher
Jonathan Blecher answered on Dec 21, 2019

yes, but use a third party

2 Answers | Asked in Criminal Law for Florida on
Q: If I record meetings with my HR to protect t myself is it illegal?

I was told it was illegal to record a conversation between me and a member of HR. The head of HR made me leave my phone outside.

Jonathan Blecher
Jonathan Blecher answered on Dec 17, 2019

Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent.

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1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

2 Answers | Asked in Criminal Law for Florida on
Q: How & can someone be charged with armed burglary if had consent to enter the dwelling & didnt take anything or hurt anyo
Jonathan Blecher
Jonathan Blecher answered on Dec 2, 2019

Consent is an issue, as is whether you entered without consent with the intent to commit another offense...doesn't have to be theft.

Find the best lawyer you can afford. Good luck.

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1 Answer | Asked in DUI / DWI for Florida on
Q: When arrested for DUI or felony drug charges, must you appear at the arraignment or can a public defender go to court
Jonathan Blecher
Jonathan Blecher answered on Nov 30, 2019

Rules of procedure allow for a Defendant’s lawyer to waive their client’s appearance at the arraignment. Just be sure the PD has filed the appropriate paperwork in advance of the hearing. Some judges may have their own set of rules. Be careful about that, too.

Good luck.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: I was dating a 15 year old when I was 17 and we broke up when I turned 18. Can his mom put me in jail?
Jonathan Blecher
Jonathan Blecher answered on Nov 26, 2019

1.Police put people in jail, unless her mom is a cop.

2.Nothing illegal about dating a 15 year old at 17

3. Good idea to break it off at 18.

4.

1 Answer | Asked in Criminal Law for Florida on
Q: HELLO I RECIEVED A NO TRESSPASSING CITATION FRIDAY ON COCOA BEACH FOR AN INCIDENT THAT OCCURED A WEEK PRIOR

I WANTED TO KNO SINCE THEY GAVE BE A TWO YEAR BAN CAN I STILL BE CHARGED WITH A CRIME

Jonathan Blecher
Jonathan Blecher answered on Nov 25, 2019

I’d need to see the documents but you can receive a no trespassing notice for that period and it is arrestable

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