Showing posts with label criminal defense. Show all posts
Showing posts with label criminal defense. Show all posts

Monday, October 27, 2014

Jonathan Blecher, P.A. to be Guest on Local Radio Show

For another holiday season, I have been asked to appear as a guest on a local radio program. Each year, I have the pleasure of appearing on Fried on Business, which airs every Thursday from 5:00 – 6:00 p.m. on 880AM-The Biz, which is Miami’s Bloomberg Radio affiliate. Fried on Business is Jim Fried’s radio program where I speak with his listeners as a legal consultant on criminal law and DUI defense. My next appearance will air on December 4, 2014.

The theme of this episode will focus on charges of driving under the influence (DUI) and the business aspects related to it since, with the holiday season ahead, DUI enforcement will increase. During this broadcast, I will discuss various aspects DUI charges in relation to this season of the year.

Listeners will learn about their rights pertaining to:

·         Chemical testing (blood, breath, and urine testing)
·         Driver license suspensions
·         Roadside sobriety tests
·         DUI sobriety checkpoints

On a previous episode, listeners were curious about the DUI penalties in Florida and what will take place if they are arrested. Another topic that I will likely discuss is the long-term effects of a DUI conviction on an individual’s life, such as the impact on:
  •          Future employment opportunities
  •          Increased insurance premiums
  •          Deportation (If not a U.S. citizen)
If you have been arrested during the holidays, or are taking proactive measures to avoid a DUI arest, you will want to tune in to 880AM-TheBiz on December 4, 2014 from 5:00 – 6:00 p.m. 

Tuesday, September 30, 2014

How Do I Get Out of Jail after an Arrest in Florida?

After an arrest, you will be placed in custody, initially in a holding cell at the police station, and later transferred to another facility. After your arrest, you must be arraigned, which is when formal charges are filed against you. At the arraignment, the issue of bail may also be addressed. For some crimes, there is a special hearing to set bail. It is not advised that you appear at your arraignment or a bail hearing, or any court appearance without a lawyer, as the bail amount set by the judge could be too high for you to afford.

Your lawyer can submit information about you, your character and why you could be released on your own recognizance – with no bail amount due. If bail is required, you want it to be as low as possible so you can afford it and return to your home and family. The only way to get out of jail in these cases is to post bail. There are bail bondsmen that are in the business of providing the amount of bail you need, and expect about 10% of the amount to be paid to them to provide this service.

Under the Constitution, bail cannot be excessive, or to punish you for the crime it is alleged you committed. Bail amounts vary, and a good lawyer can usually negotiate it down to a reasonable amount, and can also connect you with a bail bond service so you can get out as quickly as possible.
Contact Jonathan Blecher, P.A. in Miami for more information about getting out of jail after an arrest.

Thursday, September 25, 2014

If My Criminal Record Is Expunged, Do I Ever Have to Admit That I Have a Criminal Record?

There are many life situations that will require you to admit to a criminal record, such as applying to attend certain colleges or schools, when applying for a professional license, for loans and others. If you have been convicted of a crime, you are required to admit it on the form, which could make you ineligible.

Once your criminal record has been expunged, you no longer have to admit to your record while filling out forms. Police have access to criminal records that have been expunged, but other members of the public don't – including prospective employers. You no longer have to admit that you have been arrested, charged or convicted, once your criminal record has been expunged.

There are certain jobs that still require you to disclose that you have a criminal record, such as working as a government employee. If you are concerned about whether you are safe from having to admit to an arrest or conviction in a case that was expunged or sealed, talk to a lawyer who can advise you, based upon what type of job or license you are applying for. Generally, you do not have to admit that you have a criminal record once it is expunged or sealed.


Find out more about expungement from our Miami attorney, Jonathan Blecher, P.A.

Tuesday, September 23, 2014

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.


Tuesday, September 9, 2014

Why DUI Videos Are Crucially Important

Police dashcam videos show how important the use of video technology can be when defending a DUI case. In the case of one such video, three police officers involved from Oklahoma were suspended for lying in police reports about the DUI arrest.

In Miami-Dade County, Florida police agencies across the board discontinued the use of dash-mounted cameras and in-station cameras nearly two decades ago. The public explanation was that the videotaping equipment was too costly to use and maintain. The Miami Chapter of the Florida Association of Criminal Defense Lawyers offered to pay for the maintenance and supplies for the VCRs. That offer was declined.

In fact, the real reason for the change in evidence gathering policy was that police and prosecutors were losing cases hand over fist as video evidence was inconsistent with police officer's testimony. Defendants were performing well on physical sobriety tests, incriminating statements attributed to the Defendants were not actually made and impaired driving patterns were not to be found.

Technology in 2013 has put us so far ahead of the cumbersome equipment used in the past. Every officer has, at a minimum, a smart phone capable of recording video on the scene. There are even body-mounted cameras are available to police agencies for as little as $199.00. A simple and inexpensive camera is also a bonus for officer safety and a built-in defense to accusations of police misconduct.


For over 30 years and over 3,000 cases defended, I have been representing otherwise good people who have been arrested for DUI and other serious crimes. Call my firm to find out more about how I can help you.

Tuesday, August 12, 2014

Building the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to specialize/concentrate in a niche area of law, giving clients the most effective and experienced representation for their case. Strong DUI laws and sinister law enforcement techniques require a high level of training in DUI practice.

There is a blueprint for becoming an excellent DUI lawyer. Just like anything else, it requires effort, discipline and a genuine desire to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case.

A plastic surgeon and a gastroenterologist are both skilled doctors, but you wouldn't ask the surgeon to perform a colonoscopy, would you?

The most effective DUI lawyer will attend seminars on DUI practice; join organizations like the National College for DUI Defense; study scientific literature; and frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers ought not to hand off their client's cases to whoever is available in court that day.

For over 30 years and over 3,000 DUI and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call my office, Jonathan Blecher, P.A., to schedule a free consultation at (305) 707-0036 or my mobile at (305) 321-3237.