Jonathan Matthew Witt’s Answers

Jonathan Matthew Witt

Maitland Criminal Defense Attorney.

Contributor Level 8
  1. What is the best way for my son to plead on a Notice to Appear for a midemeanor marijuana charge?

    Answered over 1 year ago.

    1. William David Umansky
    2. Jonathan Matthew Witt
    3. Stewart Valencia
    4. Corey Ira Cohen
    5. Michael R Crosner
    6. ···
    8 lawyer answers

    Unfortunately, the criminal justice system often punishes people for being honest with the police. If your son had kept his mouth shut, the odds are excellent that the police never would have found the marijuana. You definitely want to plead Not Guilty. The next step is finding a criminal defense attorney to look at the facts of the case, and see what defenses your son has. You are welcome to give me a call for a free consultation.

    12 lawyers agreed with this answer

  2. IF A COP STOPS ME AND LIES THAT HE SMELLS ALCOHOL OR DRUGS & ASKS ME TO STEP OUT OF THE CAR TO PAT ME DOWN, COULDN'T ..

    Answered over 1 year ago.

    1. Richard Earl Hornsby
    2. Rixon Charles Rafter III
    3. Jonathan Matthew Witt
    4. Andrew Vincent Coviello Jr.
    5. Tiffany Vanessa Colbert
    6. ···
    8 lawyer answers

    You need to be very careful when interacting with a law enforcement officer. Be polite, but know your rights. If you are pulled over, you can ask why. If the officer wants to search you, you can say no. The officer may search you anyway, claiming her had a reasonable, articulable suspicion, but the search has to be limited to a patdown, and unless he feels contraband like drugs or a gun, that should be it. It is important to deny the law enforcement officer the search, even if he's going...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. IN FL WHEN BEING STOPPED BY A COP IS IT ILLEGAL TO NOT SHOW YOUR LICENSE OR REGISTRATION, RATHER GIVE YOUR NAME /ADDRESS ORALLY?

    Answered over 1 year ago.

    1. Michael Charles McGinn
    2. Michael Adam Haber
    3. Jonathan Matthew Witt
    4. Bryce Aric Fetter
    5. Mark H Randall
    6. ···
    6 lawyer answers

    Various sovereignty groups have tried this argument in the courts, and so far, they haven't had much luck. The Fourth Amendment argument only applies to searches and seizures the court deems "unreasonable." Courts have found there isn't anything unreasonable about asking to see ID/registration during a traffic stop.

    8 lawyers agreed with this answer

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  4. Will I be drug tested on Pre Trial Intervention?

    Answered about 1 year ago.

    1. William David Umansky
    2. Jonathan Matthew Witt
    3. Joshua Eli Adams
    4. Colleen M. Glenn
    4 lawyer answers

    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.

    8 lawyers agreed with this answer

  5. IS THERE A FLORIDA STATUTE FOR "PRESUMPTION OF INNOCENCE" JUST LIKE TEXAS HAS??? Does Florida have any similar statute??

    Answered over 1 year ago.

    1. Jonathan Matthew Witt
    2. Heather Morcroft
    3. Mark H Randall
    4. Michael R Crosner
    5. Michael Adam Haber
    5 lawyer answers

    You will find language similar to this in the jury instructions every Judge in Florida must read to every jury before they deliberate. The real question is, "What is reasonable doubt?" There is a different definition in every state, and none of them are very clear. Framing the definition is often key to winning the case.

    8 lawyers agreed with this answer

  6. If you are presented with a plea deal by your attorney that you are unsure of, how much time do you have to decide on it?

    Answered over 1 year ago.

    1. Jonathan Matthew Witt
    2. Mark H Randall
    3. Barry Franklin Poulson
    4. Jimmy Allen Davis
    5. JaPaula C Kemp
    6. ···
    7 lawyer answers

    The answer really is, "It depends." Thanks lawyer! I'm serious though, plea agreements are made by the prosecution, and their terms vary. When I was a prosecutor, I tried to make my offers far in advance of the next court date in order to give Defendants plenty of time to think them over. There are some prosecutors, however, who only keep the offer open for a week, or a few days. Others will keep them open until your lawyer files certain kinds of motions or moves the case along in certain...

    8 lawyers agreed with this answer

  7. Are you suppose to tell your attorney the truth when you are guilty?

    Answered over 1 year ago.

    1. Corey Ira Cohen
    2. Jonathan Hackworth
    3. Gray Richard Proctor
    4. Charles B. Upton II
    5. Keith Hirschorn
    6. ···
    8 lawyer answers

    Definitely! Nothing makes an attorney's job tougher than a client who lies. That can lead to all kinds of disasters at trial, and hurt your chances of a favorable outcome for your case. As others have noted, just about anything you say to your attorney has to be held in the strictest confidence.

    7 lawyers agreed with this answer

  8. My brother was detained by store security guard who thought he "may have shoplifed" Emphasis on the words "may have"

    Answered over 1 year ago.

    1. George C. Mangrum
    2. Joshua Eli Adams
    3. Jonathan Matthew Witt
    4. Ernest L. Chang
    5. Roger Scott Jr.
    6. ···
    6 lawyer answers

    The answer is: it really depends on what happens in the criminal case. Sometimes the way you resolve the criminal case can foul up recovery in any kind of civil suit. It sounds like your brother has some very strong defenses. Because of recent changes in leadership in the Orange County State Attorney's Office, this may be something that can be squelched in its infancy. I would definitely want to see the video and read the police report before I say any more. Feel free to have him give me a...

    6 lawyers agreed with this answer

  9. Is it could be exhibit dangerous weapon could be a domestic violence

    Answered over 1 year ago.

    1. Jonathan Matthew Witt
    2. Nick Jay Dorsten
    3. Mark H Randall
    3 lawyer answers

    I'm guessing your question is, "Could exhibiting a dangerous weapon be domestic violence?" If so, the answer is, "It depends." According to Florida Statute 741.28, Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Basically, if...

    6 lawyers agreed with this answer

  10. What it the least and most jail time I will get ?

    Answered over 1 year ago.

    1. Jonathan Matthew Witt
    2. George C. Mangrum
    3. Roger Scott Jr.
    3 lawyer answers

    It's hard to answer a question like that without knowing more information. Is this your first violation? What is your record like? Depending on a variety of factors you could see anything from being placed back on Probation to finishing up your sentence, less any time for incarceration you've already served. You definitely should consult with an attorney and get out ahead of this. Give me a call at 407-205-9488 for a free consultation.

    6 lawyers agreed with this answer