I Was Given A Ticket And Released With A Date To Appear In Court. What Do I Do?

Once you are given a ticket for a traffic violation, you have two options:

1. You can pay the ticket.
2. You can look at the ticket and take note of your court date. 

If you want to fight the ticket, you need to appear in court on that date and time, without fail. In most cases, if you want to defend against a ticket, you need the help of a traffic ticket defense lawyer, as a legal professional will how to work within the system and take action to assist you to avoid consequences.

As a traffic ticket will affect the cost of insurance, and if you already have points on your license, could lead to license suspension, many people choose to fight a traffic ticket, and hire an attorney to take charge of the situation, and the court appearance.

If you pay the ticket, you are admitting guilt. If you don't pay the ticket and then don't appear in court on your court date, eventually you can expect to be picked up on a warrant, which is not only expensive, it can be very embarrassing. In order to be freed from custody, you are forced to pay the ticket, which now costs more. Your mug shot will be posted online, and if someone searches your name, that image can be pulled up. These are all very real consequences.

You have the option of defending against the ticket, and avoiding all of these problems. Get in touch with a lawyer that knows the process and will take care of all of the details if you hope to avoid conviction. This can be extremely important in a DUI charge or other serious criminal traffic offense.

Connect with Jonathan Blecher, P.A., Miami lawyer, for more information about defending against traffic tickets.

Can someone be guilty of drunk driving in if they only had one drink?

Florida law no longer uses the term "drunk driving". If a person is driving with an unlawful blood/breath alcohol level over .08% they are presumed to be impaired by alcohol, and thus being "drunk" is not an issue. Additionally, if a person is driving under the influence of alcohol or a controlled/chemical substance to the extent that their normal faculties are impaired, they too could be convicted of DUI. So, there are really two ways to be convicted of DUI in Florida.

Generally, one drink will not yield a breath test result over a .08%, unless the drink was a 20 oz. Long Island Iced Tea (5 shots of liquor). However, every person has different levels of tolerance to alcohol. In that regard, while the breath test result won't be over the legal limit, the person's normal faculties may still be "impaired" by alcohol.

If you've been arrested for DUI, then you need to call my firm for tough representation.

How Long Does It Take To Get Someone Out Of Jail In Florida?

The length of time it will take to be released from jail after an arrest will vary, based upon the type of criminal charge. Some crimes will require that bail is posted, which makes the process longer, particularly if a bail hearing is necessary. In other cases, a person may be released on his or her own recognizance, and the time spent in custody will be shorter.

Overview of the Criminal Process

The process starts with an arrest. You are then taken to the police station, booked and then placed in a holding cell. After the booking process is complete (which often takes hours), you be allowed to make a phone call. It is suggested that you get in touch with defense lawyer who can manage all the details, including finding you a bail bondsman so you can get out of jail and return home, if bail is required in your case. For more serious crimes, you could be transferred to a county jail.

It could take many hours to be released, even in the simplest cases. For example, if you are charged with DUI, and were arrested at night, you probably will not be released until the morning, and after appearing in court and being formally charged. The criminal justice system doesn't move quickly, and you have to be patient, as you may be in custody for a period of time before your release. You would be smart to get in touch with an attorney so you can get out of jail as quickly as is possible, based upon the facts in your case, and what bail amount the judge demands in your case. If too high to afford, your attorney can negotiate it lower in many cases.

Contact Jonathan Blecher, P.A. for more information about how to get out of jail in Florida.

Miami DUI Checkpoint - July 24, 2014

The City of Miami Police Department will be conducting a DUI Checkpoint tomorrow night (July 24, 2014) starting at 7:00 P.M. through 12:00 A.M. MPD will be saturating the Downtown Miami area surrounding Club Space, E11even and The Corner. 



The checkpoint will be set up at N.E. 1st Avenue and N.E. 10th Street, just west of Biscayne Boulevard and the American Airlines Arena.

Follow this LINK for more information about your rights at a DUI Checkpoint.

What To Expect From Police During A DUI & Why You Need Good Defense

If you find yourself with a DUI that could possibly lead to fines and imprisonment, it's important to know your options and your rights especially since it's one of the few crimes committed in America where an individual can be arrested based on the subjective perception of the police officer. Whether you're guilty of operating a vehicle impaired while under the influence of alcohol or your BAC level was found to be over the .08 limit, it's highly advisable to seek the counsel of a DUI defense attorney.

What To Expect From Law Enforcement During a DUI Stop

It's important to know what to expect from law enforcement if ever you're stopped and under suspicion of driving under the influence of alcohol. Whether you're intoxicated or not, the police officer can ask you to perform a series of field sobriety tests to either confirm or refute his suspicions of a DUI. But in many cases, if you're asked to step outside of your vehicle then know that suspicions are high.

There are many legal procedures that a police officer has to follow in order to properly observe you and administer the tests. They are the following:

• A twenty minute observation period before a breath test
• Sobriety exercises including the one-leg stand, walk and turn, finger to nose, etc.
• Breath test to determine alcohol content
• Eye test, also known as the HGN or Horizontal Gaze Nystagmus
• Blood test which is done by a trained medical professional
• Urine test usually taken if breath and blood tests are unavailable or drug influence is suspected
• Reading of Implied Consent Warnings which should be given before administering any breath, blood, or urine test
• Reading of Miranda warnings when an officer intends to question you

In order for law enforcement to use any of the results of the tests against you at your hearing, they have to strictly adhere to regulations when performing them. Errors on their part can result in the evidence gathered from the sobriety tests inadmissible in court.

The Importance of a Good DUI Defense

DUI laws are getting stricter and the punishments for being found guilty of a DUI can be very damaging to your reputation and record. This is why it's important to hire an efficient and highly experienced defense attorney who will do everything they can to have your charges dismissed or at the very least, work to reduce them.

Too many people make the mistake of going to their DUI hearing unrepresented. They are often overwhelmed with the process, come unprepared and easily intimidated by the prosecutors; this often results in them settling with whatever sentence they were given however over the top or unjust it may seem. Also, trying to appeal excessive fines or jail time can be challenging without a DUI defense attorney.

A defense attorney is properly equipped with the knowledge on how to deal with DUI charges and fully understands the court system. In addition to defending your rights an attorney also has the ability to:

• Request suppression of evidence which was obtained illegally or violated your constitutional rights in any way
• Question, challenge and omit sobriety tests that were not administered properly
• Review recordings and devices used during the sobriety tests
• Appeal for alternative or reduced sentencing if found guilty
• Retrieve revoked or suspended licenses quicker

DUIs should not be taken lightly and is considered a criminal offense with very serious repercussions that can have a lasting effect on your life. So find a lawyer who can defend you against any charges and resolve your DUI case. Attorney Jonathan Blecher is a Miami DUI Attorney who has over three decades of experience. Call the firm to get your consultation, free of charge!

Anonymous Police Stops Being Reviewed By Supreme Court

Police can use Q-tip swabs to collect DNA and some DUI suspects are forced to give blood if they refuse, so it may surprise you to learn that any court has second thoughts about police pulling drivers over based on anonymous tips.

The Supreme Court is suspicious of police searches or seizures based on tips from anonymous callers. They have heard arguments dealing with that for the first time in a decade. Can police stop a driver based on nothing more than an anonymous tip that he or she was driving recklessly?

Navarette v. California, has Fourth Amendment considerations and serious implications in the road-rage era, particularly in South Florida where drivers scream obscenities at other drivers and could just as easily call 911 and say that driver is weaving all over the road. That scenario is precisely that what the court is going to wrestle with: Can such callers be trusted enough to justify a police stop?

The Navarette case began with a 911 call in California. An anonymous caller reported that a silver Ford pickup truck had just run her off the road. The dispatcher relayed that information to police, who soon spotted a silver Ford pickup with a license plate matching the one the caller had reported. Officers followed the pickup for a few minutes and didn't see any signs of reckless driving. They pulled the pickup over, finding Lorenzo and Jose Navarette and four large bags of marijuana.

The case is now before the Supreme Court, and their ruling may depend on how they choose to read its own decision in Florida v. J.L., a 2000 opinion in which the court ruled that police could not make a stop of a teenager (J.L.) based solely on an anonymous tip that he had a gun.

Justice Ginsburg explained that police have to have reasonable suspicion that criminal activity is afoot before they can search a suspect. An anonymous tip, without more, doesn't amount to reasonable suspicion. She wrote that police have to corroborate the tip and they have to have reason to think the tip is "reliable in its assertion of illegality."

But, Justice Ginsburg left the door open to exceptions in other cases. She wrote, that "a report of a person carrying a bomb" might be a case where the danger is so great that police can stop and search a suspect based on a pure anonymous tip.

The Navarette case is just like J.L., in my opinion. Police should be required to corroborate the tip by following the driver and observing reckless driving. What's to stop an angry driver from taking out his rage by calling in a bogus tip?

The court's ruling is expected sometime in summer of 2014.

How can I clear my criminal record in Florida?

If you have an arrest or conviction on your criminal record, it has likely created problems for you. When you apply for a job, a record of your arrest can be accessed in a background check, even if you were found not guilty. Unfortunately, people are judgmental. If all that a prospective employer sees is a DUI arrest, you could easily be passed over. 

Expungement Vs. Sealing A Record

There are certain crimes that can be expunged or sealed, and others that cannot. The two processes of expunction and sealing are different. In an expungement, the record is only accessible by court order, and when sealed, it is not available to the general public (such as a prospective employer) but can still be accessed by law enforcement and others in the criminal justice system and military. We have provided you with a general outline of the process.

Expungement Process 

The first step in the process is to get a Certificate of Eligibility, which allows you to petition the court for a record sealing or expungement. This certificate must be notarized, and you are required to be fingerprinted by law enforcement or other criminal justice agency. You are also required to provide a certified disposition about the case you are asking to have expunged or sealed. Any item that is missing on your request, or submitted incorrectly will lead to your application being returned to you without being processed.

Most people take a far easier route, and just call upon an attorney to get the record sealing or expungement completed. As you are not a legal professional, you could make a minor error that will delay the process. As with any legal matter, for the layperson it can be confusing and almost impossible to complete correctly. Note that in Florida, you only have the opportunity to request a seal or expunge one time in your life, except under certain circumstances.

Contact Our Firm Today!

Take advantage of the professional skills of our firm to clear your criminal record. Contact Jonathan Blecher, P.A. in Miami today.

Do The Police Need A Warrant To Arrest Me In Florida?

The police do not necessarily need a warrant to place you under arrest. If a police officer believes (or claims to believe) that there is probable cause that a crime is being committed, or has been committed, and that you are the suspect, you can be placed under arrest.

In a DUI arrest, the police believe, or claim to believe, that you were operating your vehicle in a manner that raised a reasonable suspicion that you were intoxicated.

The driving conduct could be:

·        speeding

·        wide turns

·        wrong way driving

·        other obvious failure to operate a vehicle safely

If you were pulled over due to a broken taillight or other similar violation, and when questioned, the police had a reasonable suspicion to believe you were driving drunk, you could be arrested. In most cases, you will be asked to perform field sobriety exercises prior to your arrest. Why? To establish a more solid basis for probable cause to arrest.

Probable cause reports are creative writing essays, with police claiming that a driver was "swerving within the lane," or had "bloodshot eyes" or "slurred speech." It is not illegal to swerve within your lane, if it doesn't endanger other drivers.

You may have had bloodshot eyes, but there are many reasons why a person may be having a reaction that causes red eyes, including hay fever and other allergies, crying or irritation or contact lenses. Older people get dry-eye syndrome. Slurred speech is another problem as there are as many ways of speaking as there are individuals, particularly in communities of diverse cultural backgrounds.

If you were arrested after being stopped by police, it may be that you are a victim of a rights violation. If so, the evidence obtained after an illegal stop may not be admitted in court, such as blood or breath testing evidence. Call my firm for more information about illegal police stops and arrests.

The Best Ways To Fight Your DUI Charge

Just because you face a DUI arrest doesn't mean your situation is hopeless. Far from it. There are many possible defenses that can be engaged to help you fight these charges. Some of the most common defenses include:

• Illegal Stop – Often, drivers are stopped without any reasonable suspicion or because they were caught in a DUI checkpoint. With the help of an experienced defense attorney, you may be able to prove the stop was illegal or the police acted outside their guidelines and have the charges dismissed. 

• Sobriety Tests – Florida does not require requires drivers to submit to field sobriety tests, and you can refuse when a police officer asks you to take one. If you did end up taking a field sobriety test, however, one very successful defense is to fight the validity of the testing and the test results.

• Chemical Tests - If the breath or blood testing equipment used has not been properly maintained or the officer administering the test has not been properly trained, your best defense may be rebutting the outcome of these tests. Officers must also observe drivers for up to 20 minutes prior to test admission. Failure to follow this procedure allows your DUI lawyers in Miami to use this in your defense.

• Illegal Arrest –If you are arrested simply under suspicion of drunk driving, we may use this as a defense. Law enforcement officers shouldn't be allowed to arrest you simply because you display what they believe are "classic symptoms" of DUI, since there may be dozens of legitimate reasons why someone may display them. You may be able to use this as a defense and have the charges dismissed, or evidence suppressed even if you have failed a breath test or refused.

Drivers who are charged with drunk driving should always have competent legal assistance. This is why it is so important to contact a DUI attorney if you are arrested. Without experienced legal counsel, you could be facing the loss of your driving privileges, be stuck with significant financial penalties and even jail time.

If The Police Have A Warrant To Search My House, Can They Look Anywhere?

When the police have a search warrant for your home, it may be limited. The warrant must describe exactly where they want to search, and what they are looking for, such as drugs, guns, stolen property or other item or evidence in a criminal case. The police then have the right to search anywhere in your home that the warrant permits them to look. The warrant could allow the police to search your entire house, or just certain areas. If the police arrive at your house with a search warrant, you need to read it, and call an attorney fast. If a case has progressed to the point where there is a search warrant, and the police are there to find evidence, you can expect to be arrested within a short period of time. You are obviously the target of a criminal investigation, whether you are innocent or guilty.

If the police come to your home with a search warrant, ask to see it, and read it so you know what they can or cannot do, and what areas they are permitted to search. The police can only search for the type of items that are related to the case. This limits some types of search activities. As an example, if they are looking for firearms, they can't look in your medicine cabinet – a gun just won't fit, and this would be overstepping the bounds.

One tip when dealing with police: be respectful, and don't argue. Read the warrant, understand it, and call an attorney. If you are argumentative or aggressive, you can find yourself in legal trouble that can cause you serious problems later. When you speak with a criminal attorney, and explain carefully everything that occurred, where the police searched, whether they took any items for evidence, and what the warrant said, your lawyer can inform you whether they violated your rights. It happens. If it happened to you, legal action must be filed about the rights violation. Some evidence may be deemed inadmissible if the police violated your rights, or searched beyond the scope of the warrant.

Contact Jonathan Blecher, P.A. in Miami for more information.

My Offense Is Minor. Do I Really Even Need An Attorney Or Can I Just Handle This On My Own?

A minor offense might not seem too important, and you may be wondering if it is worth hiring an attorney. Some people choose to defend themselves, even in serious felony cases. The problem with this tactic is that even though you could save on legal fees, the consequences could last for a lifetime. For example, many misdemeanors may not appear to be very significant, but often carry a potential sentence of up to 12 months.

If the judge is having a bad day, you could seriously regret not having an attorney representing you. Judges are human, and can impose heavy sentences one day and lighter ones the next, based upon how they are feeling. Some judges are known for being tough, and imposing heavy sentences in most cases. Do you know the history of the judge you will be facing? An attorney will, and can approach the case correctly, based upon all the details.

If you are innocent, you can't assume that you won't have any problem getting off. If you have been arrested and charged, it means the prosecutor believes there is sufficient evidence to convict. Innocent people get convicted, and in some cases, it is merely because they could not or did not get an attorney that knows the system and how to get a result.

A minor criminal conviction, such as a misdemeanor, can impact you later, including increasing penalties that could be imposed upon you if you are ever convicted again in the future. Florida is known for the heavy punishments that are imposed upon offenders. It is advised that you have an attorney, no matter how minor the charge.

Contact Jonathan Blecher, P.A. for more information about defending against a minor charge.