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Questions Answered by Jonathan Blecher
1 Answer | Asked in Criminal Law for Florida on
Q: If the state was ordered to provide such a documents

In the motion of discovery. And failed to submit half of them. Due to there being a lack of evidence now, can we ask for a motion to dismiss based on lack of evidence to convict

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 22, 2023

Your attorney is the best person to answer this for you, since he/she has a full knowledge of the facts. A Sworn Motion to Dismiss is the pretrial effort to toss the case. That motion lays out what the undisputed material facts are (as established by the evidence) and argues that the facts do not... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Reduce Misdemeanor for petit theft ($55) to infraction in Florida as a first-time offender?

I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 22, 2023

Florida law doesn't have "infractions" in criminal cases, so you'll want to have the case dismissed completely. There's a possibility for a diversion program for first offenders which could get you there. You need to be careful, though, as some diversion programs require a... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Demand of discovery

In a criminal case, LARC - GRAND THEFT $20,000 OR MORE LESS THAN $100,000

If a NOTICE OF DISCOVERY DIGITAL DOC. FILED: NOTICE OF DISCOVERY

Is filed within courts, after this a new lawyer was appointed. Does this mean that there must be a new notice of discovery filed with the new... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 21, 2023

In most cases, the former attorney will send whatever discovery they have to new counsel. The new lawyer will often file a new demand for discovery/Brady demand so that any newly uncovered evidence is disclosed to them timely.

1 Answer | Asked in Criminal Law for Florida on
Q: In Florida criminal Court, for LARC - GRAND THEFT $20,000 OR MORE LESS THAN $100,000 how long do they have

To produce factual evidence. How long can they leave a person in jail without factual based evidence. what is the statue of limitations to convict

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 20, 2023

The State has 21 days from the date of arrest to file a charging document. They can ask for another more time, if they are not ready on the 21st day. If they don't have charges filed by the 40th day, the Defendant should be released ROR.

The statute of limitations to file on a felony...
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1 Answer | Asked in Criminal Law for Florida on
Q: How would I present this to a judge is there a legal statue that can be addressed?

Also, doe the motion of discovery have to be granted before this comes in affect? What is the correct procedure

A) motion of discovery

B) motion of discovery granted

Or is a simple m.o.d. enough?

On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 13, 2023

The proper form is "Notice of Intent to Participate in Discovery, Rule 3.220". The judge doesn't have to grant it, as its a Notice not a Motion. Filing the Notice triggers responsibilities on each of the parties (State and Defense). A lawyer will know how to deal with the details.

1 Answer | Asked in Criminal Law for Florida on
Q: What is the Florida statue number and the statue of limitations for criminal court case in Tallahassee?

Is there a statue of limitations?

If so, how long?

Also, is there a statue pretaining to how long these cases can be continued in Florida court system without being settled?

-GRAND THEFT (OVER $20,000)

-FTA/GRAND THEFT (OVER $20,000)

-BURGLARY OF CONVEYANCE

FTA/BURGLARY OF CONVEYANCE

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 13, 2023

Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15. As a result, a prosecution for Grand Theft can be brought up to five... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: In a criminal case in state of Fl, when a motion... (NOTICE OF DISCOVERY DIGITAL DOC. FILED) is filed....

On same day a PUBLIC DEFENDER ASSIGNED.....and a few days later a MOTION FOR APPOINTMENT OF CONFLICT COUNSEL arises....does the motion for discovery start over with new council..... If it is not stated on document, how much time is allowed for them to produce info? Is there a statue number I can... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 13, 2023

The time period for the State to comply with discovery obligations begins when the original demand is filed, regardless of a new attorney being appointed.

1 Answer | Asked in Criminal Law for Florida on
Q: Can I legally change/drop my first name while on felony probation with adjudication withheld?

I asked the head P.O. & she said she didnt know.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 7, 2023

You will not be able to change your name if you have been convicted of a felony, which you have not. However, any violation of your probation could result in conviction, thus making you ineligible. The name change process requires fingerprinting and background check — legal name change is... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: If a witness has decided not to testify in court, IS IT HEARSAY if someone mentions in court what that witness said?
Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 2, 2023

Testimonial statements by witnesses who are not subject to cross- examination at trial may not be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: The judge made a judgement of unsuccessfully termination of my probation and that defines I owe will be a civil matter

What exactly does this mean

Jonathan Blecher
Jonathan Blecher PRO label
answered on Mar 1, 2023

Probably you didn't pay the restitution owed and the judge converted this debt into a civil judgment. That judgment will be filed in civil court and the victim can seek to enforce that judgment. The Court also has jurisdiction over the judgment and it will stay on the books for a long time... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: I got a letter from the county attorney's office saying that a complaint has been made and I MUST talk to them by phone.

I got a letter from the county attorney's office saying that a complaint has been made and I MUST talk to them by phone. I do not know the nature of this complaint . The Police did not talk to me about anything. Should I talk to them or not? I'm very suspicious about this. THANKS

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 28, 2023

Scams are everywhere, so you're wise to be wary of a random letter from anyone. "County Attorneys" mostly handle civil or administrative actions involving the government or county ordinance violations, while "State Attorneys" prosecute crimes. If the letter is from the... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: my friend was transporting marajuana through little rock and got caught probably over a pound he was charged with

possesion with possesion with the purpose to deliver

how bad is it?

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 25, 2023

4 oz - 25 lbs Felony 3* - 10 years $ 10,000 fine

*Mandatory Minimum sentence.

I'm not an Arkansas lawyer, and my information may not be complete or accurate. Your friend would be wise to contact an AK lawyer to represent him.

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2 Answers | Asked in Consumer Law, Criminal Law and Civil Rights for Florida on
Q: Is it illegal for a person to tell me that I'm hiring his boss for services, but never met the boss?

Alongside not meeting the person who was supposed to be hired, the money was accepted from me but services were not rendered. No receipts were given at all when asked multiple times for them, only promised to give them as i would tell him 'i need a receipt for this' but then would never... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 23, 2023

Perhaps you should make an appointment with a local attorney for a consultation. Good Luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: Illegal dumping

Possible charge

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 18, 2023

Can you price more details?

1 Answer | Asked in Consumer Law, Criminal Law and Native American Law for Florida on
Q: Why is it so difficult to get honesty?

Some of the lawyers are not honest in their assessments. We need truth not opinions. Things need to be corrected and corrected takes honesty. Honesty takes facts if facts are not known then you do not know the answer.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 10, 2023

Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: His much time can my bf get for VOP out of county warrant that's 10 years old?

The warrant is from Duval co. They still haven't come for him in Columbia co jail. The charge was 2013 for aggravated battery. He did 20 days in jail and given 6 months probation.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 7, 2023

No one here can tell you what amount of time, if any. Technical violations (changing address, not paying monthly costs of supervision) are less severe than picking up a new charge or failing to report/absconding, He's facing a max of 15 years or so on a VOP. He needs a lawyer to arrange a... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: What is the citation for Warren v. Desantis?
Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 5, 2023

WARREN v. DESANTIS (4:22-cv-00302)

US Northern District of Florida

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1 Answer | Asked in DUI / DWI for Florida on
Q: If I got a 2nd DUI offense in 9/30/18 and got sentenced to jail time in 3/7/19 , when do I start to count for 5 years

When do I start counting from for the 5 years to be up

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 2, 2023

If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.

2 Answers | Asked in Criminal Law for Florida on
Q: If you were originally charged with a felony, but give a misdemeanor probation if you violate in Florida, is it a felony

Can the judge revoke the misdemeanor and reinstate the felony?

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 2, 2023

The State is likely barred from refiling the felony, in any event. But, no the judge can't reinstate the charge but might consider the entire circumstances of the case when sentencing on the probation violation.

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1 Answer | Asked in Criminal Law for Florida on
Q: I was set up for a drug sale during the pandemic. Are there any laws at all that could help me since it was a pandemic?

I was set up in 2020 by UCs on a controlled sale. It was in the middle of the pandemic. It really is bugging me that the whole world was completely shut down from a global pandemic where everyone lost there jobs and cops were out there trying to buy drugs from people. So I’m wondering if there is... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 1, 2023

While law enforcement efforts in many areas slowed down considerably, your thought that law enforcement resources should have been paused during this period is ludicrous. The pandemic didn't stop you from selling drugs, did it? Why should police efforts stop. Should police have stopped making... Read more »

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