JONATHAN B. BLECHER, P.A. LEGAL BLOG

Do the Police Need a Warrant to Arrest Me in Florida?

by Jonathan Blecher | February 7, 2014 | Criminal Defense

No. If a police officer witnesses a crime, she can make an arrest. If police arrive on the scene of a crime (normally a felony) and there are witnesses to the crime, they may develop enough probable cause to arrest you right there. If the police investigate a past felony, they will need to secure […]

Are Grand Jury Proceedings Secret in Florida?

by Jonathan Blecher | January 31, 2014 | Criminal Defense

Grand Jury proceedings are secret in Florida under state law. Anyone who testifies during the grand jury proceeding cannot disclose the proceedings. The only way that you find out what a grand jury has decided is if they hand down an indictment which then accuses someone of committing a crime. A grand jury is a […]

Can the Police Just Stop Me on the Street and Search Me for No Reason in Florida?

by Jonathan Blecher | January 31, 2014 | Criminal Defense

Under Florida’s “Stop and Frisk Law” if a police officer comes sees a person under circumstances which “reasonably indicate” that they have committed, are committing, or are about to commit a crime, the officer can temporarily detain them for the purpose of asking their identity and the circumstances surrounding the person’s presence. The law also […]

Are Criminal Records Ever Automatically Expunged in Florida?

by Jonathan Blecher | January 31, 2014 | Criminal Defense

For adults, Florida does not have an automatic expungement law for criminal records, and no adult criminal history is really even gone once it’s created. Records like booking photos and fingerprints are retained by law enforcement for use in criminal investigations. Additionally, private data-mining companies gather criminal history information for use in background checks, while […]

Can the State Force You to Trial?

by Jonathan Blecher | December 19, 2013 | Criminal Defense

The decision to go to trial is always the defendant’s since it is the State that has the burden of proof in every criminal case. However, if the State doesn’t make you an offer you are satisfied with, you don’t have to go to trial. You can always request that the judge make you an […]

The Effects of Marijuana on Driving

by Jonathan Blecher | November 15, 2013 | Firm News

When it comes to reckless and dangerous driving on the road, there are several factors that can contribute; one of which is marijuana. Over the past few decades, the widespread use of marijuana amongst the general public has been seemingly rampant. And with over two dozen states decriminalizing the use of marijuana, access to this […]

Florida Drug Convictions Less of an Immigration Concern

by Jonathan Blecher | November 14, 2013 | Criminal Defense

On November 7, 2013, the Eleventh Circuit Court of Appeals issued a published decision in the case of Dwight Dion Donawa v. U.S. Attorney General, No. 12-13526, 2013 U.S. App. LEXIS 22635. The case concerned whether Florida’s possession with intent to distribute/sell statute qualifies as an aggravated felony drug trafficking crime for purposes of Immigration Law. […]