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Questions Answered by Jonathan Blecher
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

1 Answer | Asked in Criminal Law for Florida on
Q: in the state of Florida can a police officer use a set up recording without a person knowledge in court?
Jonathan Blecher
Jonathan Blecher answered on Nov 24, 2019

Are you referring to recording court proceedings or recording during an investigation?

1 Answer | Asked in Criminal Law for Florida on
Q: My roommate is using meth in my home. If I call the police on her could I also be charged?

I own the home.

I allowed her to move in from an abusive relationship.

She pays no rent. Gets mail here.

She denies doing it but it's been confirmed by another person.

She has previous conviction for same.

She agreed not to do any drugs when she moved in.... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 17, 2019

It will depend on the circumstances. First, you'll need to get your roommate to stop. If they don't you may want to move, or have the roommate move. Do you really want the roommate arrested?

If police find drugs in your home after you let them in voluntarily (with no warrant) any drugs in a...
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1 Answer | Asked in Criminal Law for Florida on
Q: Was placed on monitor under the Jessica lundsford act was convicted with two mistimeanors 5 yrs with unrelated charges

This is unlawful how do I address this issue

Jonathan Blecher
Jonathan Blecher answered on Nov 15, 2019

I’m having a difficult time understanding your question. Sorry.

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I'm 16, and my girlfriend is 16 also, I was curious if it is illegal to have explicit photos of her on my phone
Jonathan Blecher
Jonathan Blecher answered on Nov 11, 2019

Regardless of your age, it’s illegal to have sexual pictures of a 16 year old. Don’t make it worse by sending them or showing them to anyone.

Good that you asked. Change up this behavior. You’re a kid, for cripes sakes.

2 Answers | Asked in Criminal Law for Florida on
Q: can state attorney violate your probation because of hearsay?
Jonathan Blecher
Jonathan Blecher answered on Nov 8, 2019

Only a judge can violate you. Hearsay is permitted in probation violation hearings, but subject to cross examination by an attorney.

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2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: r Question:edit text I was convicted of lewd and lacivious acts when I was 19,ha
Jonathan Blecher
Jonathan Blecher answered on Nov 5, 2019

This is an incomplete question. Please edit so we can help you.

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2 Answers | Asked in Criminal Law for Florida on
Q: I am a student studying the fourth amendment. My question was how a Lawyer felt about Search and Seizure Amendment?
Jonathan Blecher
Jonathan Blecher answered on Nov 4, 2019

The 4th only works when there are judges who aren’t afraid to rule against police misconduct.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Florida on
Q: My minor child got pulled over and had a vape pen with a sealed cartridge of THC. Do we need a lawyer?

The police said they would contact us with the lab results. My child has started counseling and the counselor thought he might need a lawyer.

Jonathan Blecher
Jonathan Blecher answered on Sep 23, 2019

Possession of THC is a vape cart is a felony. The State has moved away from charging possession of cannabis cases (flower form), but they are still prosecuting vapes. Your child needs a lawyer.

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1 Answer | Asked in DUI / DWI for Florida on
Q: What am I required to say if a police officer pulls me over and asks me if I've been drinking?
Jonathan Blecher
Jonathan Blecher answered on Mar 13, 2018

You don’t have to answer any questions and can simply provide the officer with your license, registration and insurance. Do you really think that anything you say is going to help you? It won’t, and if the cop thinks you’re impaired, you’re going to jail no matter what you say or do, so... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: In Florida law when can "The State" be the "victim" of a crime VS a individual person excluding domestic violence.

By example, F.S. 877.03 Breach of the peace; disorderly conduct. - Two people call in about a fight in the street between two non related males. Officers arrive, interview both parties and arrest one or both for Disorderly Conduct. The two witnesses are interviewed, provide sworn statements but... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 2, 2018

The State is always the party bringing the charges, and "victims" are merely witnesses, or essential witnesses to the crimes. Where the State is truly the "victim" is in economic cases like worker's comp fraud or insurance fraud or theft of public funds. But in reality, the "people" are the victims.

1 Answer | Asked in Criminal Law, Products Liability, Federal Crimes and Identity Theft for Florida on
Q: Hello, I’m starting a medical club and want to have personalized/customized scrubs as our club shirt. Is it a problem?

Problem as in we get a fine, commit a crime/felony, or if it is possibly considered impersonating a physician. The club members will only be wearing the shirts in our clubs and Club community service events and have a logo on the back which will distinguish the shirts as not being actual medical... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 12, 2018

As long as you're not practicing medicine, treating patients or holding yourself out as a licensed doctor, I think you're OK. I have a Halloween costume with a white lab coat that says, Dr. Ben Dover and I wear scrubs underneath.

1 Answer | Asked in DUI / DWI for Florida on
Q: Can a case get dismissed if the name on the DUI citation is different than the name on the official case

They misspelled my middle name. The spelling on my citation is different than the name that was booked in the jail. Therefore The case is State of Florida vs Wrong Name. I am looking for a technicality to dismiss the case.

Jonathan Blecher
Jonathan Blecher answered on Feb 12, 2018

It's not that easy. Technical errors like those are allowed to be cured by amendment and are not fatal to the State's case. Additionally, they have your booking photo and the arresting officer will ID you in court, so that's not going to help.

Focus on the merits of the State's case with...
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2 Answers | Asked in DUI / DWI and Landlord - Tenant for Florida on
Q: Can one of 2 Tennant's on lease be evicted due to late payment?

We are both in the lease and have split up, we told the landlord and they said they will terminate the lease if we leave and pay one more months rent. She is refusing to pay and I already paid my half, can they just evict her and terminate my end of the lease?

Jonathan Blecher
Jonathan Blecher answered on Jan 25, 2018

Re-post this question only in the Landlord/Tenant category.

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2 Answers | Asked in Civil Litigation and DUI / DWI for Florida on
Q: officer lied and arrested me for DUI case was dismissed (suppressed evidence) how do I get my legal fees and fines back

spent over 8 thousand dollars.

Jonathan Blecher
Jonathan Blecher answered on Jan 23, 2018

Highly unlikely, unless you can successfully sue for false arrest. The standard of proof for that type of lawsuit is very high to get any recovery and you'll have to find a lawyer willing to take it on.

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3 Answers | Asked in DUI / DWI for Florida on
Q: DUI case,Judge withheld adjudication,no points added,no conviction will show on driving record.Whats that mean?
Jonathan Blecher
Jonathan Blecher answered on Jan 5, 2018

A judge cannot withhold adjudication on a DUI charge. It's illegal. Now, if the DUI was reduced to reckless driving, for example, a judge could withhold adjudication of guilt.

A withholding of adjudication simple means that no conviction was imposed for a charge after a plea of guilty or...
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