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Jason B Blank
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Jason Blank’s Answers

10 total

  • Can the court retain your record if a case was dismissed due to lack of prosecution?

    I was arrested back in 1993 for disorderly conduct and resist arrest w/o viol. When I go online to the court docket it states the file has been destroyed. My concern is if the charges were dismissed, why does it show for the public record? Is this...

    Jason’s Answer

    This is an example of the same confusion many people have. Once you are arrested and a case number is created, your case becomes part of the public record. Even if your case is dismissed, that does not mean the case disappears. As you suspected, the only way to "hide" the record of this case would be to expunge the matter if it qualifies. Beyond just your prior record, there are a list of enumerated crimes that do not allow for sealing or expungement. Based on the information you provided, preliminary it seems that your case would qualify, if in fact you have no prior adjudications and have never had a case sealed or expunged.

    With that being said, whether or not you NEED to have it sealed or expunged is up to you. While expunging a record does effectively "hide" it, there are various governmental agencies that will still be able to see the records of your case. Regardless, if you decide to proceed with the expungement, you should contact a lawyer who is familiar with the process as one little mistake can set you back months.

    I hope this helped answer your question, and best of luck to you!

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  • How is this sentence served? CT1-5YRS DOC, CT2-5YRS, CT3-5YRS, CT4-15YRS DOC (3YRS MIN). CTS-2,3,4 run concurrent with CT1.

    Is it 5yrs or 15yrs

    Jason’s Answer

    The simple answer is that they will serve 15 years minus credit for time already served, with three of those years as a mandatory minimum, meaning those years will most likely be without any gain-time (day-for-day). While counts 2, 3, & 4 will run concurrent, or at the same time, as count 1, counts 1, 2, and 3 will end before the sentence on count 4 is finished, so although the 5 year sentences on the first 3 counts will be completed, they will have to finish out the remainder of the sentence on count 4.

    I hope this helped answer your question. Best of luck!

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  • How long does one have to wait to get a criminal record expunged in florida?

    In 2004 I had two checks that were written from the other member of the account and I got the felony charges. I paid them off and the cases were dropped but it still shows up on my record. Since its been longer than 10 years can I get them expun...

    Jason’s Answer

    The great thing about sealing and expunging in Florida is that there is no "waiting period" before you can apply. As soon as your qualifying case is closed, you can immediately begin the process to seal or expunge that matter. While the process is one which you CAN handle yourself, we always advise that it is best to hire a lawyer to help navigate this process.

    It takes months for the entire process to be completed, and one little mess-up can set you back weeks, or even months. So, as with most legal matters, you should contact an attorney who is familiar and experienced with these sorts of matters.

    I hope this helps answer your question and that you are able to have your cases expunged!

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  • SEXUAL PREDATOR/ SEX OFFENDER

    If you are a register sex offender, could you be around your own kids? Also are there different levels of being a sex offender? How far do you have to live from a school?

    Jason’s Answer

    Sex offenders may, or may not, be allowed to be around their own kids. It often depends on various factors ranging from the underlying charges, to the various orders of the Court. In Florida, there are Sex Offenders and Sex Predators, but those two are not necessarily broken down much further into different categories. I would suggest contacting a criminal defense lawyer who is familiar with the sex offender laws in the State to help clarify any issues that may arise.

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  • Petty theft misdemeanor 2nd offense

    Hi I was recently served a notice to appear for shoplifting in jc Penney. In 2010 I had my first petty theft charge which resulted in probation, an antitheft program and community service hours. Im a good person I haven't been in trouble in 5 year...

    Jason’s Answer

    While a second degree petit theft technically is punishable by a maximum sentence of jail, it is rare to see a person given such a sentence in Broward County if they have a minimal prior record. Your best chance of putting yourself in a position to avoid jail and obtain the best possible resolution of your case is to hire a criminal defense lawyer who practices in that County and is familiar with the players involved. Good luck to you!

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  • Hi after the person was arrested, is there legal period to file a case and the prosecutor to raise charges

    after arrest how long is the period to lay charges

    Jason’s Answer

    This is a question that is often raised when recently arrested persons haven't heard anything for a while. There are two timeframes that are sometimes confused by people: The timeframe for the State to file charges before they must release someone from custody, and the timeframe for the State to file charges before they cannot any longer. It would be in your best interest to speak to and hire an attorney learned in this area of law to discuss and investigate both of these to see if there are any legal defenses to the potential charges in this person's case. Good luck to you!

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  • If im on probation may i ask permission to leave the state with a friend

    In on felony probation

    Jason’s Answer

    Absolutely. While here in Broward County you need to request permission to travel, it is not unusual for the Judges to grant these types of motions. A lawyer who practices in this jurisdiction can easily file this sort of motion and hopefully have you on your way relatively quickly if the circumstances permit. Of course, there is no way to guarantee what the judge will do, but again, this is not an unusual request. Good luck to you!

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  • Can a failure to appear warrant drop in 3 days if a I get a criminal defense lawyer?

    I want to know how soon I can get a failure to appear warrant dropped?

    Jason’s Answer

    It may be possible to get the warrant vacated in a day, or it may take a week, or it may not be able to be vacated at all. There are various factors that come into play that the Judge will consider in making his or her decision. This is why it is very important that you not just hire a lawyer, but that you hire a criminal defense lawyer right away.

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  • Victim owed just over $10,000 in restitution and has spoken with me and is willing to take one lump payment of $7,000.

    I am on probation and was ordered to pay just over $10,000 in restitution. The victim has since contacted me and we have reached an agreement that he would accept 1 lump sum payment of $7000. I wanted to know if this is allowed and if so, how do I...

    Jason’s Answer

    I practice in Broward County and have had this issue pop up a few times. There are a few different ways that this can be handled, either via agreement with the State Attorney or by motions filed with the Court. Your best best is to hire an attorney that is familiar with the jurisdiction and restitution issues, and who can assist you with what needs to be done to get your agreement honored if the Court will accept it.

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  • What should I plead to a marijuana charge in Broward County, Florida?

    I was pulled over via a seat belt infraction and there was a strong smell of weed in my car. The officer read me my rights after informing me he'd be searching the car. Prior to the search, he told me if I told him if there was anything in the car...

    Jason’s Answer

    First off, you need to hire an experienced Criminal Defense attorney immediately. You may have various defenses that you can put forth to challenge different aspects of your case. Just because you believe you admitted does not automatically mean the State can prove their case. Second, you need to speak with that lawyer about the different options that may be available to you based upon your prior criminal history and other parts of your life. Even if you do want to resolve your case, there are many different ways you may be able to do that.

    Our Firm often works with clients and the State to make sure that they are able to evaluate ALL options available to our client, from trial to diversion, to make sure they are put in the best position possible for their case. What that means varies from case to case as every defendant is different, and every case is different.

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