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Questions Answered by Jonathan Blecher
1 Answer | Asked in Criminal Law for Florida on
Q: If u fire your lawyer is he required by law to give all of the information he has to your new lawyer?

I have a family member in jail & is being held responsible for some serious charges that he did not commit but the man he worked under did. They were both charged w my family member being under the owner of the business. Now the owner of the business is the "star witness" against him.... Read more »

Jonathan Blecher
Jonathan Blecher answered on May 12, 2021

Ethically, the former attorney has to turn over the "file" to the new attorney. He doesn't have to turn over documents or papers considered his own "work product". The attorney can charge reasonable fees for copying and labor. Depositions, recordings, photos, investigator... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I have a Nephew who was given life in prison to starting a fire with with occupants inside. No-one was injured or killed

I just don't feel this was a fair sentence . 20 yrs is enough . If anyone can help . I would appreciate help with this .

Jonathan Blecher
Jonathan Blecher answered on May 10, 2021

It's not for you or me to determine what a fair sentence is. That's up to the judge. If the sentence was within the legal guidelines, then the sentence will likely stand. The judge has access to the facts of the case and makes the ruling. There are appellate remedies for mistakes in... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: I have bench warrant arrest issued in wi for my misdemeanor case and I’m in Florida

Is that possible Florida police can take me to jail if they run my name if they stop by pull over or something?

Jonathan Blecher
Jonathan Blecher answered on May 10, 2021

It depends how badly Wisconsin wants you for that misdemeanor. A cop can arrest you, but more likely will cut you loose and tell you to take care of the warrant, which you should.

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1 Answer | Asked in Criminal Law for Florida on
Q: copy of order terminating probation.

In 1990 I try to enter us with counterfeit passport. But I was arrested during 2 month court hearing I was in jail after 2 court want to release with 3 years probation and I request to court I would like to go back my home country. court grant me permission and I went back my home country.... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 30, 2021

These are questions for your attorney to answer. If you do not have an attorney, consider retaining one to assist you.

A passport violation is a federal offense.

2 Answers | Asked in Government Contracts and Criminal Law for Florida on
Q: Received a sanction from parole, my parole officer asked me come in soon to get my new sanction is he going drug test
Jonathan Blecher
Jonathan Blecher answered on Apr 20, 2021

It's very likely that he will. It's also possible that you'll be taken into custody on a probation violation warrant. Speak with an attorney to represent you.

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2 Answers | Asked in Criminal Law for Florida on
Q: My son got a criminal mischief charge during sprink break over a golf cart rental being damaged what should we do?

We live out of state

Jonathan Blecher
Jonathan Blecher answered on Apr 18, 2021

Depending on where the case occurred, and the amount of damage, you may be able to resolve it without a physical court appearance. Contact a criminal defense attorney located in the area where the case took place and discuss the options available. Good Luck.

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: 4 years ago I was convicted of DV with Adjudication Withheld, am I able to own a firearm? Thanks.
Jonathan Blecher
Jonathan Blecher answered on Apr 13, 2021

An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.

2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: hello, are there any florida cases granting 2nd amendment rights to a felon?
Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

There are some constitutional rights that are forfeited upon a felony conviction: voting and firearm possession come to mind as the rights most often of concern. Many people seem more concerned with having guns and ammo than participating in the democratic process of elections. Amendment 4, passed... Read more »

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1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

1 Answer | Asked in Criminal Law for Florida on
Q: What is my best approach....attempt to reclassify a felony charge, or attempt to seal as is? I need help.

I was charged with felony child abuse during a time of custodial disagreements with my ex-wife. I have never even spanked our children. under bad advise from a lawyer, I was led to believe adjudication withheld was as simple as not breaking the law, which is no issue, and it would be like this... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

Child abuse, as defined in F.S. 827.03, is an offense not eligible for sealing, as you've discovered. Record sealing restrictions are collateral consequences resulting from withholds for certain offenses, so it's not grounds to reverse your plea of guilty/no contest.... Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction?

In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 31, 2021

I agree with Ms. Olivero's response. Despite your attorney's efforts to secure a plea to a DUI, you might ask her/him/them to go back to the judge and secure a specific order clarifying the sentence. You'll need to get that to the Bureau of Administrative Reviews. Here's a link:... Read more »

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2 Answers | Asked in DUI / DWI and Identity Theft for Florida on
Q: I was wondering how I find out if my sister took my identity and got a DUI in my name

In 2009 I was going through a hard time my sister told me to come stay with her in Columbus Oh. I came up from FL to see how things would go and they did not work out I was told she had 13 evictions in my name recently I had to go to court because the FWC gave me a fine for a fish that was two in... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 27, 2021

It wouldn’t be the first time that a sister/brother used the identity of a sibling during an arrest. You’ll need to run an FDLE records check and find out where the DUI occurred, then work on getting it off your record. An attorney can assist you. Good luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: Im my arrest report it say i possessed a certain amount of drugs bust it was less that stated in my arrest report
Jonathan Blecher
Jonathan Blecher answered on Feb 20, 2021

Often police over-weigh/estimate weight of drugs to make the charge more serious, or they weigh the drugs with the packaging creating a heavier result. Eventually, the lab will settle the discrepancy, or the State will reduce the charge to a lesser quantity. There are different sentencing levels... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: I am wondering what happens if a person gets pulled over while driving someone elses car?

Person A Lent Person B his car, but Person B lied about his identity, and thus does not actually have permission to drive the car, and is not on the registration or insurance. What happens if he gets pulled over?

Jonathan Blecher
Jonathan Blecher answered on Jan 30, 2021

If a police report is filed for auto theft, the person may be arrested. The police report should identify the name of the person to whom the car should have been loaned to, and the identity of the person who took the car by false pretenses, if known.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: if you have domestic violence charges pending and the child services calls should I talk to them or get an attorney?
Jonathan Blecher
Jonathan Blecher answered on Jan 27, 2021

Anything you say to DCF (In Florida, it's Department of Children and Families) will be turned against you. Hire an attorney.

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1 Answer | Asked in Criminal Law for Florida on
Q: How longs does attempting to flee and Elude stay on your driving record
Jonathan Blecher
Jonathan Blecher answered on Jan 13, 2021

In Florida, criminal traffic violations remain on your driving history for 75 years. They can’t be expunged or sealed.

1 Answer | Asked in Criminal Law for Florida on
Q: I was put on S.O. registry at 14 and not told till 16. I'm now 22 and still trying to get off, can you help me?
Jonathan Blecher
Jonathan Blecher answered on Dec 27, 2020

Possibly. There are options, however, to remove your name removed from Florida sex offender registry:

Florida’s Romeo and Juliet Law:

(1) the victim was 13 to 17 years of age,

(2) you were no more than 4 years older than the victim,

(3) the conviction that...
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1 Answer | Asked in Criminal Law for Florida on
Q: What does it mean when charge has been merged with another count

For instance gun charge merged into felony narcotic possession charge

Jonathan Blecher
Jonathan Blecher answered on Dec 20, 2020

It sounds like they are charging you with a gun charge in addition to the narcotics charge. The charges are not merged, they’re just heard at the same time. I don’t know all the facts of your case, but it’s possible that the charges stemmed from the same incident.

1 Answer | Asked in Criminal Law for Florida on
Q: What is max sentencing for 806.10 charge
Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2020

806.10 Preventing or obstructing extinguishment of fire.—

(1) Any person who willfully and maliciously injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or...
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