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."