Jonathan Jay Kirschner’s Answers

Jonathan Jay Kirschner

Fort Pierce Criminal Defense Attorney.

Contributor Level 8
  1. Probation ethics, Florida

    Answered almost 5 years ago.

    1. Jonathan Jay Kirschner
    2. Richard Earl Hornsby
    2 lawyer answers

    You will need to file an amended financial statement with the court, that includes the correct information, in order to change the rate at which restitution must be paid. The court always has continuing jurisdiction (authority) to modify the terms of any probationers supervision. You are correct in observing that your wife's IRA should not be considered part of your assets for purposes of establishing a restitution repayment schedule. And you should not be required to dissipate your assets...

    1 lawyer agreed with this answer

  2. I have both "arrested DUI/dropped to reckless" and "arrested DUI/charged DUI" where does that leave me when reinstating my lic.?

    Answered almost 5 years ago.

    1. Jonathan Jay Kirschner
    2. Lloyd Harris Golburgh
    3. Deborah Susan Cohen
    4. Lance George Miyatovich
    5 lawyer answers

    No, you only have one (1) prior conviction. The Willful and Wanton Reckless Drving "knockdown" does not qualify as a prior DUI conviction.

    1 lawyer agreed with this answer

  3. 4th DUI in FL over a 14 year period.

    Answered about 4 years ago.

    1. Stephen Andrew Mosca
    2. Jonathan Jay Kirschner
    3. Royce Brent Bishop
    4. Catherine Ann Drees
    5. Corey Ira Cohen
    5 lawyer answers

    One should NEVER assume that the state's "offer" is the likely result. I would respectfully suggest that each DUI case is unique, and that looking towards the end result in terms of sentencing, based solely on prior convictions, really puts the "cart before the horse". Prior convictions are only one of many considerations in determining the outcome of a DUI case. The more reasoned approach would be to first determine whether the case may be winnable. Even cases that initally...

  4. If adjudication is withheld are you still considered convicted in florida

    Answered over 4 years ago.

    1. Diana Michelle Tennis
    2. Jonathan Jay Kirschner
    3 lawyer answers

    No, you are not a convicted person, so you did not lose any of your rights. You can own a gun, and you are eligible to apply for and, with the authorization of the Department of Agriculture, apply for an receive a concealed weapons permit. Now that your probationary period over, I would suggest that you consider Petitioning the court to have your record "sealed" under Florida Law. Once you obtain an Order to Seal, then your record will no longer be a public record, and will be hidden from...

  5. Can a lawyer reduce my husband time

    Answered over 4 years ago.

    1. Jonathan Jay Kirschner
    2. Richard Earl Hornsby
    3. Linda Friedman Ramirez
    4. Stephen Andrew Mosca
    4 lawyer answers

    Pursuant to Florida law, anyone convicted of a criminal offense has thirty (30) days within which to file an appeal with the the District Court of Appeals. After the thirty (30) day period has expired, the right to a direct appeal is forever lost. Even after the appeal period has expired, a convicted citizen has two (2) years within which to collaterally attack the conviction pursuant to Florida Rule of Criminal Procedure 3.850, (except in capital murder cases, where the time limit for...

  6. I'm being charged with theft at a restaurant i worked for in houston over 3 years ago what's going to happen now?

    Answered almost 5 years ago.

    1. Jonathan Jay Kirschner
    2. John Patrick Guidry II
    2 lawyer answers

    The charge is a serious felony. Since the charge arises in Texas, you will need to retain a Texas lawyer to represent you. There may be a "limitation of actions" defense, i.e., too much time may have elapsed between the time of the alleged theft and the time the warrant was issued.

  7. Is it illigal for a 16 and 19 year old to date?

    Answered almost 5 years ago.

    1. Jonathan Jay Kirschner
    2. Lloyd Harris Golburgh
    3. Richard Earl Hornsby
    3 lawyer answers

    The conduct you describe is not in any way illegal. If your relatioionship were to progress to having sexual activity, you need to look closely at Fla. Stat. 800.04----here is the link to the law: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0800/titl0800.htm&StatuteYear=2009&Title=%2D%3E2009%2D%3EChapter%20800. As you can see, there are harsh penalties for anyonve over 18 years of age having "sexual activity" with someone under the age of 16. There are also...

  8. If a husband and wife get a divorce, is the wife entitled to any of his retirement?

    Answered almost 5 years ago.

    1. Duane L. Coker
    2. Jonathan Jay Kirschner
    2 lawyer answers

    Each State is different...but in most case, the wife would be entitled to a fifty percent (50%) share of that portion of the Husband's retirement that was earned during the course of the marital relatiionship, i.e., from the date of the marriage until the date of either the party's separation, or the filing of the dissolution petition.

    2 people marked this answer as helpful

  9. What are Defenses for agrevated theft and theft by deception...total loss to employer $250K?

    Answered almost 5 years ago.

    1. Jonathan Jay Kirschner
    1 lawyer answer

    Therer is ALWAYS a defense to a criminal charge, dependent only upon the creativity and intelligence of the lawyer, and constrained only by the Defendant's statements to either law enforcement or others. I your case, defenses that come to mind are: Someone else made the overpayments, forging her name. Someone else "cooked" the books.; the losses are not real, but rather are "paper" losses created by another (possibly even you) to gain tax advantages. Re: testifying---it may sound...

    1 person marked this answer as helpful

  10. Sex Crime in Florida showing Adjudication Withheld - How can you find out the details?

    Answered over 4 years ago.

    1. Jonathan Jay Kirschner
    1 lawyer answer

    Nearly all records of criminal prosecutions in Florida are "public records" which can be obtained, oftentimes on line, through the Clerk of the Circuit Court of the County in which the crime was prosecuted. If the County does not have on-line capability yet, you will have to go to that county and simply ask to view the records. The initial arrest affidavit, the charging instrument, any negotiated plea, and any sentence, whether adjudication is withheld or not, will be available. The...

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