Category: Criminal Defense

WHAT ARE THE EXCEPTIONS TO FLORIDA’S “OPEN CONTAINER” LAWS?

by Jonathan Blecher | April 26, 2023 | Criminal Defense

When it comes to laws regarding alcohol and driving, most Floridians have a clear understanding of what is deemed illegal – driving under the influence of alcohol. But what about unclear notions like driving with an alcoholic beverage in your car? Can this land you in trouble? Florida, like the other states, has laws that […]

IS HONKING YOUR CAR HORN PROTECTED BY THE FIRST AMENDMENT?

The answer to this question is not entirely clear, as there is no Supreme Court ruling on the matter. However, there have been a number of cases in lower courts that have addressed the issue, and the results have been mixed. In some cases, courts have held that honking a car horn can be considered […]

WHAT COULD FLORIDA HB115 MEAN FOR CRIMINAL DEFENDANTS?

by Jonathan Blecher | April 20, 2023 | Criminal Defense

In theory, the criminal justice system exists to protect the public. State statutes establish standards of behavior and prohibit certain actions, including most forms of interpersonal violence and the possession of many mind-altering substances. Even driving after a few too many beers can be enough of a reason for someone to spend weeks or longer […]

FACTORS TO CONSIDER BEFORE TESTIFYING IN YOUR CRIMINAL CASE

by Jonathan Blecher | April 10, 2023 | Criminal Defense

If you are charged with a crime in Florida, you have several rights at your disposal. One of these is the right to adequate representation guaranteed by the Sixth Amendment. You also have a right against self-incrimination, guaranteed by the Fifth Amendment. This means that neither the police or prosecutors can compel you to say anything during interrogation or […]

POTENTIAL PENALTIES FOR A SECOND DUI CONVICTION IN FLORIDA

by Jonathan Blecher | March 30, 2023 | Criminal Defense

A DUI conviction can have significant consequences, including losing driving privileges, fines and possible jail time. The penalties can be even more severe for those charged with a second DUI offense. FLORIDA PENALTIES FOR A SECOND DUI (WITHIN FIVE YEARS) A second DUI offense in Florida is a misdemeanor. The penalties for a second DUI conviction […]

When can police search your car during a traffic stop?

by Jonathan Blecher | March 2, 2023 | Criminal Defense

You were pulled over by a police officer because they said you ran through a stop sign or maybe because your windows are tinted too darkly. As he was talking to you, he started perusing the interior of your car. The next thing you know, he found a gun under the back seat that’s not […]

How does bail jumping hurt your criminal case?

by Jonathan Blecher | February 16, 2023 | Bail, Criminal Defense

If you are arrested and charged with certain criminal offenses like driving under influence (DUI), Florida courts might release you on bail while your case goes through the trial process. Before you are released on bail, however, the court will set the terms of your bond. You might have to deposit a monetary bond with […]

Prison Phone Call Industry About to Be Fixed

The prison phone call industry is a lucrative and predatory business that exploits the vulnerability of incarcerated individuals and their families. This industry operates by providing a telephone service for inmates to call loved ones and maintain communication while behind bars. However, these services often come with exorbitant fees and charges that can put a […]

Can you share a medical marijuana card?

Over recent years, twenty-three states have legalized marijuana for recreational use, though Florida has not yet joined this trend. Legalization has been proposed in the Florida Legislature but hasn’t made it past committee hearings. So while medical marijuana is legal, recreational marijuana use is not. This could change in the future, but things are currently […]

Justice Department moves to eliminate cocaine sentencing disparity

by Jonathan Blecher | December 21, 2022 | Criminal Defense

Cocaine sentencing disparity refers to the unequal treatment of individuals who are convicted of crimes involving cocaine, particularly in regards to the length of prison sentences they receive. This issue has been a longstanding concern in the United States, where there is a significant difference in the way that federal sentencing guidelines treat offenses involving […]