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.

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.

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.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

Police Union President Weighs in on Body-Mounted Cameras

I recently blogged about a move by Miami-Dade County Mayor Carlos Gimenez to phase in the implementation of body-mounted cameras on Miami-Dade County police officers (MDPD). Already, the Miami Beach Police Department reeling from dozens of cases of abuse by officers, is moving ahead to require body-mounted cameras. Follow this LINK to a report by Miami ABC affiliate Local10.com.

PBA Union President John Rivera, a bull-nosed, blue-line advocate doesn't want them. Why would cops want transparency, anyway? Take a look below at his interview with Carlos Miller, web blogger with PINAC (Photography is Not a Crime).

 And now, for a quick follow up to this story. Last week South Carolina State Trooper stopped a man for a seat belt violation asked him for his license. With no provocation, or weapon , the trooper shot at the man four times, hitting him at least once. One of the shots came AFTER the man had his hands in the air.This happens daily in the US without cameras. A badge has become a de facto license to kill. Forget about the elite, polished, pinnacle of evolution and decades of unparalleled training: the James Bond archetype, today in America any C or D student with HS degree and a fratboy's mentality can kill at will with the imprimatur of both the state and federal government.

Driver Licenses for the Undocumented in Florida

Currently, nearly 1 million drivers in Florida can't get a license to drive, much less a car insurance, because Florida law requires federal immigration status to be eligible to apply.

If Florida requires every driver to apply for a Driver's License, all Floridians will benefit from:

• Safer roads because all drivers will be required to take a driving test
• More drivers will be covered by car insurance
• Lower insurance premiums for all Floridians
• Increased revenue to our state because there will be new drivers paying fees to register their car, take a driving test and renew their tag
• A boost to our local economy because licensed drivers can more easily purchase vehicles and car insurance

All Floridians should be able to drive their kids to school, go to church or visit the doctor, and do so on safer roads. It makes sense.

It makes so much sense that 11 other states have passed similar legislation to make driver’s licenses a requirement for all drivers: California, Colorado, Connecticut, Illinois, Nevada, New Mexico, Oregon, Utah, Vermont, Washington, Maryland and Washington D.C.

Sign this petition today so that we may all drive safe in the Sunshine state!

New York Poised to Legalize Recreational Marijuana?

With New York State adding itself to the list of 23 states where medical marijuana is legalized by statute or constitutional amendment, there's indications that they may take the next step and propose legislation to legalize recreational use. That would mean opening the marketplace to retail sales. The financial impact of that would be staggering in a state as large as NY.

I have long been a proponent of responsible use and retail sales to adults and I join the fight with the NORML Legal Team to accomplish this.

Read more about this breaking topic here: http://www.cannabisbusinesstimes.com/new-york-legalize-recreational-marijuana-2015/

MADD Pushes Connecticut Legislature on IID

Ignition interlock devices (IIDs) have been required for all convicted DUI offenders in Connecticut since 2011, even for first offenders. However, first-time offenders who chose to complete a first-offender diversion program are not mentioned in the laws regarding first-time DUI offenders. Connecticut SB 465 makes it clear that IIDs are still required for first-time offenders who choose to enter diversion programs.

In Florida, not all counties have diversion programs for first offenders. Only Miami, West Palm Beach, The Florida Keys, Gainesville and Orlando have such programs. Most, if not all of them, require an ignition interlock device for a specified periods as a condition of the program, though without uniformity between jurisdictions. Oddly enough, only first offenders who are actually convicted of DUI (whether by plea or trial) are required to have an IID ONLY if their BrAC was over a .149 or they had a minor in the car at the time of the arrest.

Interestingly, MADD pushed long and hard for the Connecticut Legislature to close the loophole in their laws, which allowed diversionary DUI cases to avoid the IID. Yet, on the MADD website's FAQ page the following appears:

"Does MADD advocate for ignition interlocks in all cars? 

No. MADD advocates requiring ignition interlocks only for convicted drunk drivers with an illegal blood alcohol concentration of .08 or greater."

Florida DUI Penalties

For people convicted of a DUI in Florida, the penalties may be far more severe than you think. This is true whether the conviction is for a first-time DUI or for multiple DUI convictions. Florida Department of Highway Safety and Motor Vehicles data shows that there were more than 30,000 DUI convictions during 2011, the result of more than 55,722 citations for DUI. Understanding the potential penalties of a conviction is important if you are charged with DUI.

First Convictions Are Still Devastating

The penalties for a first DUI conviction are very severe and have serious financial consequences. The overall cost of a first DUI conviction can be as much as $8,000 when you combine fines, legal costs and administrative costs. A Miami DUI Lawyer can help.

A typical first DUI conviction can result in:

·         Fines – You may be expected to pay fines of a minimum of $500 for a first conviction.

·         Community Service – Sentencing includes community service requirements of at least 50 hours.

·         Probation – A DUI conviction will result in probation of up to one year.

·         Jail – A court may order a county jail term of up to six months for a first conviction.

·         License Suspension – A first DUI conviction will result in a suspension of driving privileges for at least 180 days.

·         Substance Abuse Classes – A DUI conviction will require you to take a 12 hour DUI course, and counseling, if required by an evaluation.

·         Ignition Interlock Device – A judge may order an interlock device for a first DUI conviction.

In addition to these penalties, chances are a conviction will also result in an increased auto insurance. This increased rate will likely remain on your insurance for at least one year and as much as three, which means this particular consequence will be an ongoing expense. If you lose your driver's license, you may also be facing problems with your employment, if driving was a necessary part of your job.

When you are arrested for a DUI in Miami, it is important that you contact a DUI attorney in Miami Florida for assistance. An attorney can help you mount a successful defense and avoid facing harsh penalties.

Miami DUI Attorney Jonathan Blecher has over 30 years of experience representing clients in DUI cases with positive results. Call our office or sendus an email to schedule a free, no obligation consultation.

"Should I Refuse?" – New Florida Laws Change My Answer

Over my 30 years of criminal law practice I have frequently been asked the following question, “If I get stopped for DUI, should I agree to take the breath test or should I refuse?”

My first answer was usually, “It depends.”

It depends on how much you think you had to drink, how much you really had to drink, how much time elapsed since your last drink and whether you can remember all of that with police lights flashing in your face at 2 a.m.

Changes in Florida law, effective July 1, 2013 made me rethink my equivocal answer. Now, for a first DUI arrest, the truth is that you might be better off refusing to take the breath test—understanding, however, that a second refusal is a crime.

The Main Reason for Refusing Has Been Eliminated

Florida law eliminated the primary justification for refusing to take the breathalyzer test. Prior to July 1, 2013 a refusal to submit to a breath test could result in a year suspension and a mandatory no permit period of 90 days. Under the current law, however, it doesn’t matter whether you take the breath test or whether you refuse; you will still be eligible to request a business purposes reinstatement, provided you apply within 10 days of the DUI arrest.

Florida’s Breath Testing Machines are No Longer State-of-the-Art

Florida’s Intoxilyzer 8000 machines went on the line over 7 years ago. Since these machines age, the odds of inaccurate and unreliable results increases. When put into service the machine costs over $5,000 and they need repair more frequently and the repairs become more expensive.

Florida’s Budget Cuts May Result In Broken Breath Testing Machines

Recent state budget cuts at FDLE reduced the number of Departmental Inspectors in the field. The FDLE used to require Departmental Inspectors to visit Miami at least once a year for annual inspections. They were responsible for inspecting the site where the breath testing machines were located. This was done in an effort to ensure that the machines were working properly and that FDLE rules were being followed. Now, the breath testing machines in Miami-Dade County are now carted-up and sent to Tallahassee for the inspections.

Enhanced Penalties for a Breath Test Over .15

Florida law provides for several enhanced penalties if you blow over a .15, but no additional penalties for a first refusal. In fact, the fine is double for a “high blow DUI” as opposed to a DUI refusal. You will also be required to have the ignition interlock device installed in your vehicle for at least 6 months if you blow over the .15, but not for a refusal.

Evidence Gathering

If you’re stopped by the police and you remember some wise advice, you put the police and prosecutors at a disadvantage. If you don’t make any statements or admissions, refuse the roadside tests and refuse the breath test, the state has very little evidence to use against you in court. They are simply left with a driving pattern (if any) and physical observations by the officer of you and your demeanor. That’s it. When you take a breath test, you add another arrow to the quiver of the state.

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.

The Need of Search Warrants for Blood Samples

It might seem as if the laws are stacked against drivers who might possibly be convicted with a DUI, but there's still hope for them thanks to the 4^th Amendment and its ban on unreasonable searches, especially in regards to blood tests for the purpose of obtaining a BAC reading.

Recently, the Supreme Court ruled against a prosecution's appeal to exempt the requirement of a search warrant in the case of an arresting officer and a DUI driver who would not consent to a blood test. While prosecution argued that the forcible nature of the blood test was necessary in getting dissipating evidence from the offender, justices were steadfast on the law that requires officers to obtain a warrant. And the fact that getting one by phone or computer was a viable option and can be done within a matter of minutes supported the case of the defense even more.

Advantages for DUI Drivers

The Fourth Amendment guards against unreasonable searches and seizures that would invade an individual's privacy and a search warrant along with probable cause is the only way to get around this ban. DUI drivers can utilize their rights according to this amendment when a blood test is being requested of them. If the police officer does not present a search warrant sanctioned by a judge, then they are not required to comply with having their blood drawn.

In addition, this also gives DUI drivers an advantage over any incriminating evidence that might be gathered against them. Even if somehow law enforcement was able to obtain blood sample from the offender and their blood alcohol levels are exceedingly above the limit, this evidence is inadmissible in a court hearing if a search warrant was never issued. This could also result in the case being dismissed.

If the arresting officer follows through with applying for a search warrant, the process can take several minutes or even hours. This allotted delay will give the driver more time for their BAL to dissipate which may or may not put them within the legal BAC limit.

Case by Case Contingency

While this can greatly affect the outcome of several cases in favor of the defense, not all DUI drivers will be able to benefit from the Fourth Amendment. Because according to the Supreme Court, warrantless blood draws can still be a possibility but only on a case by case basis and will rely hugely on the "totality of circumstances". So for now, the privacy of your blood is safe until a search warrant is present; unless of course you just happen to be one of the exceptions to the rule.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.

Jonathan Blecher Appears on Radio Talk Show

I had the pleasure of being invited to appear as a guest on a local radio program, Fried on Business, which is heard every Thursday from 5-6 PM on 880AM-The Biz, Miami's Bloomberg Radio affiliate. I appear on Jim Fried's program as a legal consultant on criminal law issues, particularly DUI and the business surrounding it.

This episode revolved around DUI and the holiday season. Jim and I discussed what rights people have during a DUI traffic stop, DUI sobriety checkpoints and whether roadside sobriety exercises are mandatory, or even fair. We also talked about breath, blood and urine testing and driver license suspensions that stem from a DUI arrest.

Jim's viewer's wanted to know what the penalties are for a DUI conviction in Florida and we went into some detail on that topic. We discussed how there are potential, long-term, negative collateral consequences that could flow from a DUI conviction including strangled employment opportunities, increased insurance rates and even immigration concerns. Did you know that Canada will turn you away at the border if they discover a U.S. DUI conviction on your record, unless you undergo a 5-year rehabilitation period?

We also discussed the concerns over distracted driving, which poses an even greater safety risk than DUI. A study by Car and Driver magazine concluded that reaction time and stopping distance was more severely affected by texting and reading e-mail than it was by driving with a blood alcohol of .08.

Listen to the interview by clicking here.