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Questions Answered by Jonathan Blecher
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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2 Answers | Asked in Criminal Law for Florida on
Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

Jonathan Blecher
Jonathan Blecher answered on Dec 5, 2020

None of us can tell you if there are grounds to "throw the case out". That will be up to his attorney, not online lawyers answering general legal questions. Not being in Florida doesn't help his situation, but a 90 day offer on a misdemeanor battery charge tells me there's more... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Florida on
Q: After 30 days of being on hold from another county what is the process of inmate being release if it was vop

My brother violated with a misdemeanor traffic charge it’s his first vop and Columbia county gave the crime time served only problem is dec 4 will be his 30th day lock up without them coming to get him what would be the process of having him released or who could I talk to about him being... Read more »

Jonathan Blecher
Jonathan Blecher answered on Dec 2, 2020

You should retain an attorney to seek a bond on the probation matter, or release on recognizance, with the judge and prosecutor on the probation case.

1 Answer | Asked in Criminal Law for Florida on
Q: Is Act 1491 of 2009, which automatically restores firearm rights after completion of Drug Court, retroactive?

If a defendant received expungement in 2010, but was sentenced in 2008, are they eligible for automatic restoration of firearm rights?

Please consider the following:

Act 1491 of 2009

Sentenced under: Arkansas Drug Court Expungements (ACA 16-98-303(g))

Jonathan Blecher
Jonathan Blecher answered on Nov 9, 2020

Repost in Arkansas section, not Florida.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Q: Should medical treatment of someone rolling a car over another's foot be covered by car insurance or personal insurance?

This is a continuation of a prior question ("Can son press charges on ex-girlfriend who ran over his foot and drove off in his car?").

Jonathan Blecher
Jonathan Blecher answered on Nov 9, 2020

Auto insurance has personal injury protection (medical $10,000)

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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI arrest after blowing over the legal limit.

Is my license suspended automatically for 6 months here in Florida?

Jonathan Blecher
Jonathan Blecher answered on Nov 5, 2020

Your Florida driving privileges are what’s suspended. If you are licensed in another state, Florida’s administrative suspension should not effect your out of state license.

You only have 10 calendar days to either request a formal review of the legality of the suspension, or waive that...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If a no-contact order is violated in a criminal case by the defendant,can the victim get in trouble by taking his call?

This is a domestic violence case involving my 20 yr old daughter. The judge imposed the order in the beginning and said it would add to his charges if violated. He calls her from prison daily violating the order. Can she get in trouble by taking these calls? These calls are coming to her cell phone... Read more »

Jonathan Blecher
Jonathan Blecher answered on Nov 3, 2020

You should notify the State Attorney that he's calling and violating the Order. Keep a record of the calls. Your daughter should not speak with him, but if she does the only thing she should say is "don't call me". Inmate calls from jails are recorded, so there will be a record.

1 Answer | Asked in Criminal Law for Florida on
Q: i can afford a lawyer this isnt arraignment this is my court date it was prolonged you to covid I basically forgot about

Final court date tomorrow no lawyer no public defender this is past arraignment I'm basically defending myself what do I do NE advice would help

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

How do you forget that you have been charged with a crime? Does it happen so often that you lose track of your cases? The night before court, you’re asking for advice? What a mess you are. Tell the judge you’re stupid, which won’t be difficult for her to agree with, and request a postponement... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: was ares.march 1st felony and mis drug have court tom no att or public def. never been n trble w the law WHAT DO I DO

with the plandemic goin on and everything being tossed around, Ive been extremly busy and me being clueless with the courtroom i just need some!advice pls TY

Jonathan Blecher
Jonathan Blecher answered on Oct 19, 2020

It’s a pandemic, not plandemic. Tell the judge you’re not very bright and you forgot that you were charged with a crime. Maybe she’ll feel sorry for you and give you time to hire a lawyer, or she will appoint a public defender.

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4 Answers | Asked in Criminal Law for Florida on
Q: Do I need a lawyer with me if the police want to question me about a crime
Jonathan Blecher
Jonathan Blecher answered on Oct 15, 2020

Would you need a doctor to perform surgery?

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I think Im being scammed and so is my elderly 77yr mom. Dad died 6yrs ago my mom and I had 50-60k and a 300k house gone

I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!

Jonathan Blecher
Jonathan Blecher answered on Oct 14, 2020

I agree with my colleague"s answer and I would also contact the police and file a report.

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2 Answers | Asked in Criminal Law for Florida on
Q: Can my son be charged with tampering with a witness by he say she say??

I can send you a copy of the report .

Jonathan Blecher
Jonathan Blecher answered on Oct 12, 2020

We're not here to give free legal advice. Hire a lawyer if you want someone to review reports.

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