JONATHAN B. BLECHER, P.A. LEGAL BLOG

Attorney Blecher on DUI Checkpoints with Miami New Times

by Jonathan Blecher | February 4, 2015 | DUI

You have rights under the Fourth and Fifth Amendments that protect you from many of the DUI checkpoint processes, thus, you should be able to engage these rights if pulled over by police. The argument seems simple enough, but will it really stand up in the midst of a real DUI checkpoint? While a South […]

Are Grand Jury Proceedings Confidential in Florida?

by Jonathan Blecher | January 31, 2014 | Misdemeanors

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 | Traffic Stops

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 Expunged Automatically?

by Jonathan Blecher | January 31, 2014 | Criminal Defense, Expungement

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 defense in coral gables investigations. Additionally, private data-mining companies gather criminal history information for use […]

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 […]