Skip to main content
Jonathan Matthew Witt

Jonathan Witt’s Answers

46 total


  • What happens if I am NOT making prob. payments but my officer finds out I just got a penile enhancement? Will I be violated??

    Thank you for your help

    Jonathan’s Answer

    If you elect to stop making probation payments and instead spend your money on something seen as a luxury item, like a boat, then the penalty could be stiff indeed. Since Viagra, and other quality-of-life drugs are usually covered by Medicare, I think the argument could be made that this was a necessary medical procedure and no different than spending money on, say, Zoloft.

    See question 
  • Is it entrapment to arrest someone when the charges are false and they do not disclose the emails that prove they are false?

    I use an adult personals website, for three years I received emails to my adult personals from 2 girls that say they are 14 years old. They both always start and stop emailing my personals at the same time, but never email the same adult personal....

    Jonathan’s Answer

    As others have stated, these are deeply, deeply serious charges. Conviction can meet having to register as a sex offender, for life. You need an attorney who understands these types of cases and the unique issues they raise. If you have not yet retained private counsel, feel free to give me a call at 407-205-9488 for a free consultation. I am a former prosecutor. You definitely want to keep your mouth shut around the police, and leave any kind of explanation or defense to your attorney.

    See question 
  • Summons for criminal mischief but the person is lying . She has lied to an officer once and state atty twice,officer said to me.

    Someone I used to be friends with was bullying my child on Facebook, my husband went with me so he could speak to her husband about what she was doing, my husband knocked on the door , she opened and said her husband was asleep, then she turned to...

    Jonathan’s Answer

    Our system of justice is based around testimony. Typically a victim has to report a crime for the police to get involved in anything at all, unless the police happen to wander by and see something illegal happening. That means that of course someone willing to make up a story will sometimes be able to file charges. Filing is different than proving, however. The good news is that filing a false police report is also illegal. You probably should hire an attorney to protect you from these false allegations.

    See question 
  • Were my rights violated?

    I was sitting inside of my car smoking a marijuana joint. My car was at the right edge of a cul-de-sac, parked a couple feet before a stop sign and facing the main street. My windows were up so there was no way of the police officer knew what I wa...

    Jonathan’s Answer

    There is no rule about blue lights and probable cause, but depending on the facts, you may have defenses, and you certainly have options. My offices are close to Casselberry, feel free to give me a call at 407-205-9488 for a free consultation.

    See question 
  • I was sentenced to 12 months misdemeanor probation.got out of jail and was homeless jobless .

    i left the state got a job and and doing right . but now have warrant for not reporting . how do i handle this the best way so i dont lose my job etc etc

    Jonathan’s Answer

    The first thing you need to do is get an attorney here in Florida. Often, an absconder from probation has to come back, but not in every case. It's going to depend on the State Attorney, the Judge, the PO, and a few other factors. Good luck!

    See question 
  • Will I be drug tested on Pre Trial Intervention?

    I was arrested for possession of under 20gs and possession of drug equipment (misdemeanors)

    Jonathan’s Answer

    Drug testing is part of the program. The good news is that while you might be tested early, they typically won't throw you out of the program for testing positive within the first 30 days, as drugs can remain in a user's system for about that long. That said, it's time to give up smoking for a few months.

    See question 
  • DUI IN FLORIDA

    A fire truck pulled in behind me and turned on its red lights so i pulled off the road thinking they needed to get by me . then they pulled in behind me and a couple fire fighters pulled my door open and told me to get out. i asked why, they said...

    Jonathan’s Answer

    What a strange set of facts. As others have said, you may have a pretty good motion to suppress on your hands. What is that? Sometimes when a stop is conducted, or evidence is gathered in the wrong way, the stop or the search and anything stemming from it is thrown out by the Judge. If you'd like to come in and discuss the case with me free of charge, feel free to give me a call at 407-205-9488.

    See question 
  • Do i have grounds for a defamation suit?

    i was found not guilty of criminal charges and received a disposition letter stating so. on a current background check it states that i was convicted of said charges

    Jonathan’s Answer

    Did you keep your paperwork? Sometimes when a case is over, it isn't really over, as the clerks can make mistakes like this that come back to haunt you. The good news is that it can be resolved. Did you retain a private lawyer on the last case? Give him or her a call and get some help!

    See question 
  • Whats the sentence for simple battery domestic violence misdeamnor charge

    Was recently arrested on self defemse act against my sister and afraid of losing my daughter

    Jonathan’s Answer

    It's going to depend on a whole variety of factors. Is this the first offense? Is the victim co-operative? What kind of evidence is there for the state? Are the facts particularly bad? I recently got a client's DV case dismissed. It's hard to say what will happen without knowing more. Feel free to give me a call at 407-205-9488 to discuss it further.

    See question 
  • I got arrested at the security check in orange county court house, for possession of maraquana less 1gram. how do I get a ptd

    Clean record never arrested.

    Jonathan’s Answer

    Pre Trial Diversion is a great program that can keep your record clear of a criminal charge, but it isn't offered to every defendant in every case every time. Step one is to get an attorney who can talk with the State and find out what the offer on your case is. If you've already been through the system (I don't know why you were at the courthouse), then PTD may be off the table. If not, then for a first-time offender, it is usually offered. Feel free to give me a call at 407-205-9488 if you'd like to discuss it further.

    See question