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Questions Answered by Jonathan Blecher
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?
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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... View 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

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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... View 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

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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... View More

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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.

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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... View 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.

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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... View More

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

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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.

1 Answer | Asked in Criminal Law for Florida on
Q: A detective came to our home while no one was home and proceeded to jump our back yard fence and take photos.is it Legal

Hey detective came to our home in hopes of meeting with us in person and showing us a video he claims we are in when nobody answered the door he proceeded to go to our backyard and jump our fence to get in the yard and take photos is this legal action?

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answered on Jan 25, 2023

No. It's not legal. Law enforcement need a warrant to enter your property unless exigent circumstances exist. Any evidence obtained during this illegal entry should be inadmissible in court. You could file a complaint with the officer's department, but there's no civil claim I can... View More

2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

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answered on Jan 9, 2023

The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I buy a suv from autodealer from florida i pay with my private check from my checking account they refused

To deliver my fully payd suv with exponation that that was cash deal and try to make me feel out the irs form 8300 I was send them a extract from irs with clearly explanation what was a cash deal and because i paid with my private check it don't feel in category cash deal

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answered on Dec 11, 2022

Under a separate reporting requirement, banks and other financial institutions report cash purchases of cashier's checks, treasurer's checks and/or bank checks, bank drafts, traveler's checks and money orders with a face value of more than $10,000 by filing currency transaction reports.

2 Answers | Asked in Criminal Law for Florida on
Q: Marion County Florida was arrested for dwls and wrong tag on my car do sheriff's depth have the right to search my car

Searched vechile without asking and no probable cause

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answered on Apr 6, 2024

An inventory search of your car incident to an arrest is permissible without a warrant or your permission.

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1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: What percentage of shoplifting cases go to trail in this city
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answered on Sep 5, 2023

Statistics show in any area of law, the number of cases that are tried are minimal. It is possibly only one percent.

1 Answer | Asked in Criminal Law for Florida on
Q: Under Florida law, can a trial judge overrule a jury verdict when the juries verdict is inapplicable to the law?
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answered on Jul 19, 2023

A judge can reverse a guilty verdict where the prosecution failed to affirmatively link the accused defendant directly to the crime charged or the facts as proved do not establish guilt. A judge cannot overturn a not guilty verdict.

3 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Florida on
Q: I have a criminal case where I was setup and I need a criminal defense attorney like a pro bono where can. I FIND ONE
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answered on Jul 5, 2023

I agree with Mr. Mawn. You must meet certain financial criteria to have the PD appointed. Otherwise, you'll need to retain a private lawyer. Legal Aid societies do not offer free services in criminal cases.

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1 Answer | Asked in Criminal Law for Florida on
Q: I had a background check done today, and it revealed a deputy mistakenly input my social security when arresting another

A felon, was arrested Nov 2022 with the same last name as me, and it looks like the deputy doing the paperwork mistakenly used my SSN when intaking the suspect. When a background check in done with my SSN, it shows I have a felony record. I spoke with the sheriff's office over the phone, and... View More

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answered on Jun 23, 2023

No, you’re not “entitled to anything” for this. If your identity has been compromised, you have resources at your disposal to deter further use of it.

1 Answer | Asked in Criminal Law for Florida on
Q: What's fraudulent activities 2023AF128442 Felony or misdemeanor? What's fraudulent activities?
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answered on Jun 15, 2023

"Fraudulent Activities" is a very broad term and could be either a felony or a misdemeanor. I have no idea what the case number you provided refers to, or the court involved. It's impossible for any attorney here to guess. I suggest you contact the Clerk of Court in the county where... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My fiancé and I both got arrested on the 12 of June we were sitting in our vehicle it was off keys on passenger seat

Not to mention they came on to our property which is private property

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answered on Jun 15, 2023

Every case is fact-specific and you haven't provided enough detail for any lawyer to offer general suggestions. "I was on private property" arguments are rarely successful.

1 Answer | Asked in Criminal Law for Florida on
Q: I have been charged with disorderly conduct in Florida. I need advice on what to do at my court appearance

I have been charged with disorderly conduct involving a close friend who did not pursue additional charges. My court date is scheduled on June 19th, 2023. The friend was instigating myself along with 3 other friends that included his girlfriend which they have had a previous domestic dispute. I... View More

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answered on Jun 7, 2023

Advice on how to handle the court appearance should come from an attorney you retain. You friend doesn't have the authority to pursue or not pursue a disorderly conduct charge, as criminal charges are prosecuted by the State and can be proven whether or not your friend wishes to testify.

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Florida on
Q: I was accused of DUI, Speeding, resisting arrest without violence and a improper tag. I was taking to jail on private

Property. Again, no Miranda Rights read to me while I'm being taken to jail. All my charges was dismissed. So, I still don't have a case?

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answered on May 22, 2023

If all your charges were dismissed what is your question?

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1 Answer | Asked in DUI / DWI for Florida on
Q: If i apply for a conceal and carry license,and had a DUI.38Yrs Past,should it count against me.
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answered on May 9, 2023

If you want to apply for a CWP a 38-year-old DUI conviction will not prevent issuance of a CWP. However, after July 1 the new law regarding permit-less concealed carry becomes effective. Additionally, one DUI conviction 38 years ago will not disqualify you from concealed carry, if you are otherwise... View More

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: I have almost identical case as the ones in above I need to contact the attorneys that represented Mancusi or one like

Can I have the phone numbers for the attorney that represented Mancusi?

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answered on May 8, 2023

This forum is not that type of service. The attorneys here try to offer general advice on legal topics. I suggest you use Google.

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