Skip to main content
Jon H. Gutmacher

Jon Gutmacher’s Answers

35 total

  • If a person probation was to have ended on September 3.When are they officially off probation.

    What are the steps in termination of probation?

    Jon’s Answer

    If your sentence gave a definite time period for probation ending on 9/3 -- it automatically ended when the day began on September 4th. You should verify that with your probation officer in case there is any confusion on the date. Once it's over -- it's over, and jurisdiction over you has ended unless a violation was filed PRIOR to the expiration date.

    See question 
  • What do great bodily harm mean

    what do great bodily harm mean

    Jon’s Answer

    "Great bodily harm" is a serious injury, or one resulting in a broken bone, permanent disfiguring scar vs. a minor injury. It is often used in conjunction with "death or great bodily harm" indicating the seriousness of the injury or possible injury caused by the criminal action of another.

    See question 
  • It is illegal to record someone in the state of Florida if the other person is trying to blackmail you

    It is illegal to tape record someone in the state of Florida if the other person is trying to blackmail you and get money from you for something that you did not do but have no witness as to collaborate your story? Did I mentioned that this person...

    Jon’s Answer

    I would go to your local law enforcement agency and try to see someone in the detective bureau who deals in that area of crime. They can legally make arrangements with you to have you record any calls. The other person is committing a felony.

    See question 
  • Need to know yes or no

    If asked? Have i ever had the adjudication of guilt withheld for a crime which is a felony or misdemeanor? After my case has been NOLLE PROSSED. What should i say?

    Jon’s Answer

    A nolle prosequi means the State dropped your case. You should consider having your record sealed or expunged - as once you accomplish that -- the record of arrest is removed from public view, and the statute allows you to lawfully state you have not been either arrested or prosecuted to most civil employers. (it's called a "legal fiction"). See a criminal lawyer in your area about it.

    See question 
  • If you are on probation and get arrested for a crime you are not guilty of have you still violated probation?

    If one was on probation for weed and got arrested for theft but is not guilty what happens?

    Jon’s Answer

    Get a good lawyer fast. Once you are violated, and assuming you're lucky enough to get a judge who will give you a bond (bail is totally in the discretion of the judge on a violation), they will set an evidentiary hearing before the judge. No jury. The burden of proof is a preponderence of evidence on the State (same as in a civil case), and if found guilty -- you will likely be adjudicated guilty of the original crime - and probably be given an increased sentence. If found not guilty -- you're back on probation - same as before.

    See question 
  • Adjudication Withheld and Employment

    I was arrested and given a court date, In court I had received Adjudication Withheld for a misdemeanor of battery touch/strike .I finished probation and paid my fees. it was not domestic battery. I'm in the process of getting it sealed now, I...

    Jon’s Answer

    If the company does a background search they will find your record until about 9 to 16 weeks after it is finally sealed - as that's how long I've seen it take before the records come off the computer systems. Even though not "convicted", you were found "guilty". Thus, you might want to answer (rather than "yes" or "no") -- that you had a "withheld adjudication" and you have applied to have your record sealed. Of course -- if you do that -- the company will have your answer in writing -- and since the sealing only applies to government records -- that information will still be in that company's file after your case is finally sealed.

    See question 
  • Is battery an arrestable charge if its not domestic?

    I was driving my car to the doctor today and a man was driving erratically and trying to hit the back of my vehicle, I had my 7yr old son and his friend in the backseat. When we came to a stoplight the man jumped out of his car so i did as well, I...

    Jon’s Answer

    • Selected as best answer

    The officer was not correct, and could have made the arrest pursuant to Florida Statute 901.15(9)(a).

    See question 
  • Pepper spray for felons

    is it legal to own and posses pepper spray as a convicted felon in florida also what is the laws on carrying said pepper spray also do the same laws apply with pepper spray tear gas mix

    Jon’s Answer

    If you are no longer on probation or parole it is legal to own and possess pepper spray only if it is not concealed, and openly carried. 790.23

    See question 
  • Can I have two different arrests expunged if the first arrest was adjudication withheld and the second was nolle prossed

    I was arrested in 1992 for petit theft and I received adjudication withheld. In 1993 I was accused and arrested for aggravated battery, strongarm robbery, and battery, but they all were nolle prossed. I'm in the process of trying to have them remo...

    Jon’s Answer

    You can have the first arrested "sealed". However, the second arrest can only be "judicially" expunged in the discretion of the court -- and possibly you could get an "administrative" expunction if you were "innocent in fact" and the arrest was a total mistake. You'll need a good attorney who really knows this area, and has a good reputation in your area for the administrative expunction. They are rarely granted.

    See question