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Questions Answered by Jonathan Blecher
3 Answers | Asked in Criminal Law for Florida on
Q: What if one of the statutes my son is being charged with is clearly not applicable due to the stated age?

The statute states 21 yoa or older and he is younger, by 3 years.

Jonathan Blecher
Jonathan Blecher answered on Sep 16, 2020

I wouldn't try to play lawyer (unless you are one) by parsing statutes, just like I won't perform surgery after reading a medical textbook. Hire an attorney to go over this issue in specific detail. Good Luck.

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1 Answer | Asked in Criminal Law for Florida on
Q: how much would you charge to seal records?

The Judge dismissed both cases when it was proven that I paid everything back.

Jonathan Blecher
Jonathan Blecher answered on Aug 29, 2020

Lawyers shouldn’t be posting fee quotes in this forum. I suggest that you contact individual lawyers directly to obtain that information. What I can tell you is that prices for record expungement vary from city to city in Florida, though COVID-19 has resulted in lower legal fees for many types of... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: If I tell a person to assault another, and I offer to pay their legal expenses. Am I liable to any criminal charges?
Jonathan Blecher
Jonathan Blecher answered on Aug 28, 2020

I don't know, but candidate Trump did that in 2016 and he's now the president.

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2 Answers | Asked in Criminal Law for Florida on
Q: What is the least penalty for negligent homicide?
Jonathan Blecher
Jonathan Blecher answered on Aug 10, 2020

Can be a 15 or 30 year max.

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—

(1) The killing of a...
Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: If you have a failure to yield ticket with injuries you have out of state license which state do you pay penalties for?
Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

The state where the incident occurred, however there may be repercussions in your home state.

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

Letters to judges generally don’t get the job done, as judges don’t conduct business that way. You’ll need to file an appropriate motion and have it heard in open court.

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2 Answers | Asked in Criminal Law for Florida on
Q: my question is regarding right to a speedy trial. I haven't as much as been to a pre-trial. arrest in Dec.

arrested in dec.2019 and haven't been to a first court appearance and i feel 6 months is plenty of time

Jonathan Blecher
Jonathan Blecher answered on Aug 7, 2020

Despite the tolling of the Speedy Trial Rule 3.191 by the Florida Supreme Court, you may have an argument for dismissal under "constitutional speedy trial". Six months isn't quite long enough, though and you're not in custody. Speak with your lawyer about your options.

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3 Answers | Asked in Criminal Law for Florida on
Q: What if I don't have a lawyer and I'm waiting to get a pointed one or what would be the price to get a lawyer Idk

I've never had to deal with this so I'm really don't know what to do and I don't know what the cost of a lawyer would be

It's only a petty theft from Walmart

Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

You probably won't get a court appointed lawyer, unless the State certifies they are seeking a jail sentence if convicted. That said, retained lawyers for these low level cases, with no priors, will cost you much more than the likely value of the items from Walmart. Generally, unrepresented... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Are there any Attorney General's Opinions on Gun Sales in Florida?
Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

Of course there are AG opinions. Your question is too vague to give you more information, though.

2 Answers | Asked in Criminal Law for Florida on
Q: I miss my court date for petty theft charge what can I do to rearrange my court date because of work
Jonathan Blecher
Jonathan Blecher answered on Aug 6, 2020

If you don't have an attorney, I suggest you call the judge's office and schedule a hearing to remove the bench warrant, though it will go smoother and faster with a lawyer.

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2 Answers | Asked in Criminal Law for Florida on
Q: How Long after i have completed probation, do I have to wait to be able to obtain a Concealed Carry License?

(Florida, Felony probation, adjudication withheld, non violent)

Jonathan Blecher
Jonathan Blecher answered on Aug 5, 2020

You are not eligible for licensure if you have had adjudication of guilt withheld on any felony and three years have not elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.

However, if three years have elapsed...
Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: I was accepted and completed pre-trial intervention for a M-1 Improper Exhibit of Firearm. It was dismissed.

The Sheriff's Office says I forfeited the firearm.

Jonathan Blecher
Jonathan Blecher answered on Aug 4, 2020

Forfeiture of a firearm is generally a special condition of completion of a pre-trial diversion program. If it wasn’t, schedule a hearing in front of the judge that heard your case.

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2 Answers | Asked in Criminal Law for Florida on
Q: I'VE BEEN FALSELY ACCUSSED OF ATTEMPTED SEXUAL BATTERY. WHAT SHOULD I DO?

NOW, I'M BEING BLACK MALED

Jonathan Blecher
Jonathan Blecher answered on Jul 31, 2020

The plot thickens. Hire an attorney to present these facts to the State Attorney's Office. They might arrange for a "controlled call" to the blackmailer. You never know what gets said in these calls, though.

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1 Answer | Asked in Criminal Law for Florida on
Q: What degree felony is attempted burglary of unoccupied conveyance?
Jonathan Blecher
Jonathan Blecher answered on Jul 23, 2020

Burglary of an Unoccupied Conveyance is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine. Burglary of an Unoccupied Conveyance is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code.

1 Answer | Asked in Criminal Law for Florida on
Q: What exactly is remission of fine or forfeiture?

I’m applying for a clemency, because of my habitual dwls convictions. It’s been over the time frame that I needed to wait.

Jonathan Blecher
Jonathan Blecher answered on Jul 20, 2020

940.01 Clemency; suspension or remission of fines and forfeitures, reprieves, pardons, restoration of civil rights, and commutations.—

(1) Except in cases of treason and in cases when impeachment results in conviction, the Governor may, by executive order filed with the Secretary of...
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2 Answers | Asked in Criminal Law for Florida on
Q: I went out to eat with my friends to a restaurant. I ordered it on Arnold Palmer drink, I took a big sip of it .

The server never asked me for ID and I am almost 3 years clean and sober off of alcohol

Jonathan Blecher
Jonathan Blecher answered on Jul 18, 2020

An “Arnold Palmer” is made with iced tea and lemonade. Why would a server card you for a non-alcoholic drink?

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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: What can I do to get a friend released early from Federal Prison

He has been incarcerated 15 years, and there is some stupid charge from 2003 holding him back, how do I resolve this issue? He would be eligible for early release if this case Was not in his way.

Jonathan Blecher
Jonathan Blecher answered on Jul 18, 2020

I’d work on getting that case, and it’s hold, resolved. Depending on the facts, it could be dismissed.

1 Answer | Asked in Criminal Law for Florida on
Q: how can i find out if adjudication was withheld so i can seal my record in fl
Jonathan Blecher
Jonathan Blecher answered on Jul 16, 2020

Simply go to your Clerk's Office website and input your case number or name/date of birth, and you'll find the answer. If you want to contact an attorney to do the legwork for you, please do.

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.

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