Jon H. Gutmacher’s Answers

Jon H. Gutmacher

Orlando Criminal Defense Attorney.

Contributor Level 9
  1. Can i really violate probation for this if i was told i didnt need it by the dealer please help dont wanna go to jail

    Answered almost 2 years ago.

    1. Chris Matthew Limberopoulos
    2. Corey Ira Cohen
    3. Thomas Klemens Almquist
    4. Heather Morcroft
    5. Jon H. Gutmacher
    5 lawyer answers

    get an affidavit from the seller that documents what was told to you. His mistake will not cause him any issues, and I would make sure you send a copy to probation, and have your attorney present the original to the judge. It's an honest mistake -- and although it is your burden to establish this to the court -- the affidavit should accomplish that. jon gutmacher

    3 lawyers agreed with this answer

  2. Is battery an arrestable charge if its not domestic?

    Answered over 4 years ago.

    1. Jon H. Gutmacher
    2. Jennifer Ann Jacobs
    3. Craig A. Epifanio
    3 lawyer answers

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

    Selected as best answer

  3. Can I legally own a gun if I have a felony on my juvenile record, in Florida?

    Answered over 4 years ago.

    1. Jon H. Gutmacher
    2. Stephen Andrew Mosca
    2 lawyer answers

    A juvenile conviction is not a "felony conviction" per federal law if it happened in juvenile court. However, if you were a juvenile convicted of a felony in adult court because you were transferred over to that court -- you are a "prohibited person" under both Florida and Federal law, and cannot own or possess firearms or ammunition or ammunition components. However, Florida law prohibits firearms ownership or possession where a person had a felony conviction or withheld adjudication in...

    3 people marked this answer as helpful

  4. If I have never committed a feloy but I am charged with aggravated battery with a motor vehicle, will i go to prison?

    Answered over 4 years ago.

    1. James Reese Mitchell
    2. Jon H. Gutmacher
    3. Corey Ira Cohen
    4. John M. Kaman
    4 lawyer answers

    Aggravated battery is a serious crime, and a second degree felony in Florida. However, the circumstances of each case are unique, and if you are guilty of the crime -- what those circumstances are, or are not -- will have a huge effect on the possible sentence. Without knowing more details -- without knowing if there is mitigation -- it is not possible to advise you of the end result. However, it is possible to have a probationary sentence on a second degree felony. Whether that happens...

    1 lawyer agreed with this answer

  5. Dealing in stolen prop. and grand theft

    Answered over 4 years ago.

    1. Jon H. Gutmacher
    2. John Patrick Guidry II
    2 lawyer answers

    You will not be able to obtain the evidence you seek except through your attorney. The process is that the attorney sends in a "Notice of Discovery" and the prosecution must answer that within 20 days after it's received or 20 days after arraignment - whichever is later. Only if you represent yourself in court, and follow the correct court procedures will you be able to get this information from the State.

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Jon H. Gutmacher
    2. Nick Jay Dorsten
    2 lawyer answers

    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.

  7. What do great bodily harm mean

    Answered over 4 years ago.

    1. Corey Ira Cohen
    2. Jon H. Gutmacher
    2 lawyer answers

    "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.

  8. It is illegal to record someone in the state of Florida if the other person is trying to blackmail you

    Answered over 4 years ago.

    1. Robert Edward Heyman
    2. Michael Christopher Grieco
    3. Jon H. Gutmacher
    3 lawyer answers

    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.

  9. Need to know yes or no

    Answered over 4 years ago.

    1. Dennis Michael Phillips
    2. Stephen Andrew Mosca
    3. Jon H. Gutmacher
    3 lawyer answers

    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.

  10. If you are on probation and get arrested for a crime you are not guilty of have you still violated probation?

    Answered over 4 years ago.

    1. Craig A. Epifanio
    2. Jon H. Gutmacher
    3. Don Waggoner
    3 lawyer answers

    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 --...