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Questions Answered by Jonathan Blecher
2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

Jonathan Blecher
Jonathan Blecher answered on Jul 14, 2020

Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

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1 Answer | Asked in Criminal Law for Florida on
Q: If a person gets 10year in prison with a mandatory minimum of 4 what does that mean
Jonathan Blecher
Jonathan Blecher answered on Jul 11, 2020

Pretty much like it sounds. The prisoner won't be eligible for release until a minimum of four years had been served, and doesn't figure in to any gain time or good time calculations.

1 Answer | Asked in Criminal Law and Civil Rights for Florida on
Q: An officer stops me while in pursuit of another suspect later saying just to see how I'd act.... Is there probable cause

The officer was in pursuit of a 18 year old 4 foot tall black male.... I'm 6 foot 3 white and 37.... The officer said he stopped me because I looked suspicious . But I was walking to the store a block over for a drink at 3 in the afternoon I don't understand how he can harrass me then... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jul 8, 2020

We really can’t offer the kind of advice you need, since we don’t have access to any evidence or investigation. I suggest that either you push your PD to put forth a defense or a fair negotiation, or retain a private attorney. Good luck.

1 Answer | Asked in DUI / DWI for Florida on
Q: What is the legal BAC limit in a private vehicle as a CDL holder in Florida? Google yields contradictory information.

Most drivers I know claim its .02, but I cant find anything to verify this.

Jonathan Blecher
Jonathan Blecher answered on Jun 25, 2020

.04, half of the legal limit for Class E licensees. A CDL holder is subject to disqualification, even if operating a non-commercial motor vehicle

2 Answers | Asked in DUI / DWI for Florida on
Q: How can I get my DUI dropped when there is a urinalysis from the hospital showing I'm not under the influence?

I have three breathlyzers and two urinalysis and the cop was screaming acting erratically because of the negative results. He asked for a third sample and it didn't seem right. I have neurological issues from an aneurysm and I'm very anxious ask the time from past trauma.

Jonathan Blecher
Jonathan Blecher answered on Jun 22, 2020

Sounds like a great case for the defense. Hire a decent lawyer and you should be fine.

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1 Answer | Asked in Criminal Law for Florida on
Q: How Long after probation is completed do I have to wait to buy a gun? (Florida, Adjudication withheld, Non violent)
Jonathan Blecher
Jonathan Blecher answered on Jun 17, 2020

Under Florida law, you would be ineligible if you received a “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.

2 Answers | Asked in Criminal Law for Florida on
Q: What is search and seizure patdown improper
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

For their protection, police officers are permitted to make fast surface scans and searches of a suspect's outer clothing for weapons during pat downs. Pat downs are permissible if the officer has reasonable suspicion that the suspect has a weapon. That reasonable suspicion is required to be... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Can I be convinced of poss of cocaine if only 2 empty baggies were found and they were not field tested nor sent FDLE
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

If the drugs weren't tested, it's very unlikely that the state will pursue the case.

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2 Answers | Asked in Criminal Law for Florida on
Q: PROBONO ATTORNEY FOR DESOTO COUNTY ARCADIA FL
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

Try the local bar association

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2 Answers | Asked in Criminal Law for Florida on
Q: WHAT DO I DO IF I FEEL LIKE THE JUDGE IS PROFILING ME IN OPEN COURT ? WHAT IS CINSIDERED PROFILING ?
Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

Do you mean you feel the judge has pre-judged you or your case? That’s going to be up to your attorney to request recusal (judge sends case to another judge). Good luck.

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2 Answers | Asked in Criminal Law for Florida on
Q: LEGAL ADVICE FOR CRIMINAL CASE

ALSO IN MY DISCOVERY i RECIEVED THERE IS SOMEONE ELSES CASE THAT HAS NOTHING TO DO WITH ME OR MY CASE WHAT SO EVER . BUT MY NAME AND CASE NUMBER IS ON THE TOP WITH THIS OTHER CASE. ON MY FIRST MEETING WITH MY PUBLIC DEFENDER SHE STATED i NEED TO EXCEPT RESPONSIBILITY AND MAN UP AND BASICALLY TAKE... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jun 15, 2020

If you believe your PD has a conflict of interest, you can ask the court to remove the PDs office and appoint an attorney from the Regional Conflict Counsel office.

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1 Answer | Asked in Criminal Law for Florida on
Q: How can you get something removed from your record?

It was in 1998 in a different state

Jonathan Blecher
Jonathan Blecher answered on Jun 13, 2020

States have different rules about this. You’ll need to consult an attorney first to see if you’re eligible. Good luck.

1 Answer | Asked in Criminal Law for Florida on
Q: Adjudication with held, Non violent as well as completed probation. Can I get my concealed or do I have to wait 3 year?

Non violent, non drug related. All requirements for probation have been completed. (Felony probation)

Jonathan Blecher
Jonathan Blecher answered on Jun 12, 2020

In addition to federal law, Florida law prohibits persons who receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.

1 Answer | Asked in Criminal Law for Florida on
Q: I shoplifted and am currently charged with a misdemeanor. The manager of the store is telling my family. Is that legal?
Jonathan Blecher
Jonathan Blecher answered on Jun 11, 2020

Considering you're considered innocent until you're proved to be guilty, it's not really appropriate. But, is it illegal? No. That you have been charged is a matter of public record. If you are a juvenile, and a stay away/trespass order has been issued, speaking to your parents to... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Does my husband need an attorney present to represent him at his Post Conviction Relief Hearing to argue for his case?

My husband is incarcerated in Mayo, Florida & has been doing his legal work behind bars. He has been granted a 'Hearing for Post Conviction Relief' in Miami, Dade County in July, 2020. This hearing will done in his absence.

Thank you for the response to my question by two... Read more »

Jonathan Blecher
Jonathan Blecher answered on Jun 6, 2020

These hearings are being done on video in Miami, while the courthouse is still closed to the public. If he can make arrangements with DOC to appear by Zoom video he will be able to argue his petition. Otherwise, the hearing will take place in his absence. I suggest hiring an attorney in Miami.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Florida on
Q: Hello! I'm a medical marijuana patient in Florida, am I allowed to carry cannabis in my car?

I'm hoping to learn the statutes, and regulations

Jonathan Blecher
Jonathan Blecher answered on Jun 5, 2020

Like other prescribed controlled substances, you must carry them in their pharmacy dispensed container with original labeling. Additionally, you must carry your valid MM card with you.

1 Answer | Asked in Criminal Law for Florida on
Q: Return my rental car got a online receipt now they're saying the car was not returned contract was closed
Jonathan Blecher
Jonathan Blecher answered on May 30, 2020

Unless the rental car company is accusing you of grand theft, this is a civil dispute. In which case you can re-post this question in that category.

2 Answers | Asked in Criminal Law for Florida on
Q: if a circuit judge sentences a defendant improperly for a misdemeanor crime is there any recourse for the defendant ?

misdemeanor battery ... plea vop judge sentences to felony house arrest

Jonathan Blecher
Jonathan Blecher answered on May 30, 2020

The judge can only sentence on a VOP for the max time that the misdemeanor carries. I don’t know what “felony house arrest” is per se or how it differs from being placed on HA for a misdemeanor VOP. You might be supervised by a felony-based HA officer, but that doesn’t make the sentence... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If I had identity theft and received a ticket due to this and now a warrant what would be my next step to getting lawyer
Jonathan Blecher
Jonathan Blecher answered on May 26, 2020

I think you just did, though it's unfortunate that someone did this to you and now YOU have to pay for it. Do you have any idea who stole your identity? I assume you reported it to the police. The case would have to be set for a Motion to Quash Warrant on a video remote calendar.

The...
Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I have a warrant for arrest due to failure to appear would it be better to get legal representation or turn myself in.

Failure to appear is for tickets I did not know I had and I live in a different county and have no knowledge of the citations at all.

Jonathan Blecher
Jonathan Blecher answered on May 26, 2020

It's always best to have an attorney assist you. Depending on the case, you may be able to get the warrant quashed without surrendering. Your lawyer can assist you with digging up the out-of-county citations and help take care of them for you.

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