Posted on August 30, 2023 in Gun & Weapons Crimes

On July 1, 2023, Floridians experienced a significant change in their state's gun laws. Governor Ron DeSantis signed a bill into law in April, ushering in a new era of firearm regulations. Starting on this date, Floridians will be able to carry concealed guns without a permit, marking a substantial shift in the state's approach to gun ownership and concealed carry.

The New Law

The bill signed by Governor DeSantis eliminates the requirement for Floridians to obtain a concealed carry permit to carry a concealed firearm. This change means that individuals who meet certain eligibility criteria will be allowed to carry a concealed firearm without having to go through the previous process, which included mandatory training, licensing fees, and background checks.

Key Provisions of the Law:

1. Permitless Concealed Carry: The most significant change is that individuals who are legally eligible to possess a firearm can now carry it concealed without obtaining a specific concealed carry permit.

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 Posted on August 14, 2023 in Civil Rights

Discovery is the cornerstone of our justice system, ensuring that the truth is unveiled when individuals face criminal accusations. However, striking the right balance between obtaining evidence and protecting vulnerable parties can be a complex challenge. Florida's recent addition to HB 667 aims to address this delicate balance by limiting the deposition of alleged victims in specific cases. While the intention is to safeguard child victims of sexual offenses and intellectually disabled victims, concerns have been raised about potential drawbacks to judicial efficiency and the rights of both victims and defendants. In this blog, we delve into the intricacies of this amendment, its potential implications, and the arguments surrounding its adoption.

Protecting Vulnerable Victims

The amendment to HB 667 seeks to prevent the deposition of alleged victims who fall into two categories: child victims of sexual offenses and victims with intellectual disabilities. This approach reflects a proactive step toward ensuring that these vulnerable individuals are spared the potential trauma of testifying multiple times. In cases involving such severe penalties as mandatory life imprisonment or lengthy sentences, proponents argue that "good cause" is inherently established, warranting the prohibition of depositions without additional hearings.

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 Posted on July 19, 2023 in Juvenile Criminal Defense

As a parent or guardian of a juvenile offender in Florida, navigating the criminal justice system can be overwhelming. However, it is essential to explore rehabilitation programs that can provide tangible solutions to address the underlying issues contributing to their delinquent behavior. In this blog post, we will delve into the various rehabilitation programs available in Florida, their effectiveness, and how The Hoffman Firm can assist you in finding the best course of action for your loved one.

Community-Based Programs

Community-based programs aim to divert juvenile offenders from the traditional justice system and provide them with intensive supervision, counseling, and educational support. These programs, such as the Florida Department of Juvenile Justice (DJJ) Prevention Programs, focus on preventing further criminal behavior by addressing the root causes and promoting positive change.

Residential Treatment Centers

Residential treatment centers offer a structured environment where juvenile offenders receive intensive therapy, education, and vocational training. These centers, like the DJJ Residential Commitment Programs, provide a comprehensive approach to rehabilitation, ensuring that young individuals acquire the necessary skills to reintegrate into society successfully.

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 Posted on July 19, 2023 in Criminal Defense

Probation is a second chance for individuals convicted of a crime to reintegrate into society while abiding by specific conditions. However, even with the best intentions, probation violations can occur, leading to severe consequences. If you find yourself accused of a probation violation in Florida, it's crucial to understand the steps you should take to protect your rights and navigate this challenging situation. In this blog post, we will provide a comprehensive guide on the steps to take if you are facing a probation violation accusation in Florida.

Understand the Allegations Against You

Before taking any action, fully understanding the allegations against you is essential. Obtain a copy of the probation violation report and carefully review the details. Pay close attention to the conditions you are accused of violating and any evidence presented. This understanding will help you formulate a strong defense strategy.

Seek Legal Representation

When facing a probation violation accusation, it is crucial to consult with an experienced criminal defense attorney immediately. A skilled attorney will guide you through the legal process, protect your rights, and help you build a robust defense. They will analyze the evidence against you, identify procedural errors, and advocate for your best interests.

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 Posted on June 30, 2023 in Gun & Weapons Crimes

Blog Title: How to Restore Your Gun Rights in Florida After the New Gun Law

If you've lost your gun rights due to a criminal conviction in Florida, the new gun law may have left you wondering what you can do to regain your right to bear arms. Fortunately, there are steps you can take to restore your gun rights. Here's what you need to know:

1. Understand the New Law

Before you can begin the process of restoring your gun rights, you need to understand the new law. The law, which went into effect on July 1, 2019, allows certain individuals who have been convicted of nonviolent felonies to petition the court for the restoration of their gun rights. However, the process is not automatic, and there are certain requirements that must be met.

2. Determine Your Eligibility

To be eligible for gun rights restoration, you must meet certain criteria. For example, you must have completed all the terms of your sentence, including probation or parole. You must also have no pending criminal charges and no other criminal convictions that would disqualify you from owning a firearm.

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 Posted on June 06, 2023 in DUI

As the weather warms up, many Floridians are taking advantage of the sunshine and opting for a more eco-friendly and healthy mode of transportation: bicycles. However, it's important to remember that even if you're not driving a car, you can still get a DUI while riding a bicycle in Florida. Here's what you need to know to stay safe and avoid legal trouble.

Yes, You Can Get a DUI on a Bicycle in Florida

Under Florida law, a bicycle is considered a vehicle. This means that the same laws that apply to driving a car also apply to riding a bicycle. This includes the legal limit for blood alcohol content (BAC), which is 0.08% for drivers over 21 years old. If you're caught riding a bicycle with a BAC over the legal limit, you can be arrested and charged with a DUI.

You Can Still Get a DUI on a Bicycle Even if You're Not on a Public Road

Many people assume that if they're riding a bicycle on a sidewalk or in a park, they're not subject to DUI laws. However, this is not the case. If you're riding a bicycle anywhere in Florida while under the influence of drugs or alcohol, you can be charged with a DUI.

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 Posted on May 23, 2023 in Civil Rights

What Happens If You're Arrested Using a Deadly Weapon for Self-Defense?

As humans, we possess an innate instinct to defend ourselves against any perceived threat. In moments when we, our homes, or others are threatened, our natural inclination is to fight back and grab whatever object we believe will help us in our fight. However, it is essential to understand that there can be severe legal consequences for using a deadly weapon for self-defense.

While you may have been acting self-defense, you may still be charged with and prosecuted for aggravated assault, depending on the circumstances surrounding the incident. If your defense is not a success and you cannot prove you acted in self-defense, you can face jail time. In this blog, we will discuss what happens after an arrest, Florida Stand Your Ground laws, the elements of self-defense, and what is considered justifiable force.

What Happens After You Are Arrested in Florida

After an arrest, you can expect the following to occur:

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 Posted on May 01, 2023 in Sex Crimes

While technology has undoubtedly made our lives more convenient, it has also introduced new legal issues and challenges. One such issue is sexting, which has become increasingly common among teenagers. In Florida, sexting can lead to serious legal consequences, including criminal charges. This comprehensive guide will help you understand the complexities of sexting laws in Florida, as well as the potential consequences and defenses available to you.

Understanding Florida's Sexting Laws

In 2011, Florida enacted Florida Statute 847.0141, which specifically addresses sexting. Under this law, it is illegal for a minor (someone under 18) to knowingly send, receive, or possess a sexually explicit image of another minor. It is important to note that this law applies even if the two minors involved are in a consensual relationship.

Potential Consequences of Sexting in Florida

The consequences of sexting in Florida can be severe, especially for minors. Here are some potential outcomes if you are caught sexting:

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 Posted on May 01, 2023 in Criminal Defense

Texting while driving is a dangerous and potentially life-threatening behavior that has become a significant concern for law enforcement and public safety advocates. In Florida, texting while driving is considered a primary offense, meaning an officer can pull you over and issue a ticket for this violation alone. This article will explore the laws surrounding texting while driving in Florida, the penalties associated with this offense, and effective strategies to avoid these consequences and promote safe driving habits. By understanding and adhering to these regulations, you can protect yourself and others on the road.

Understanding Florida's Texting While Driving Laws

Florida Statute § 316.305, also known as the Florida Ban on Texting While Driving Law, prohibits using wireless communication devices to manually type or enter multiple letters, numbers, symbols, or other characters into a device or send or read data on a device for non-voice interpersonal communication. This includes texting, emailing, and instant messaging.

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 Posted on April 28, 2023 in Juvenile Criminal Defense

As a parent, discovering that your child has been accused of a crime can be an overwhelming and frightening experience. You may be unsure of how to proceed, what rights your child has, and how to best protect their future. In this comprehensive guide, we will explore the various aspects of the juvenile justice system and provide you with the information you need to navigate this challenging process.

Understanding the Differences Between Juvenile and Adult Criminal Systems

One of the first things to understand is that the juvenile justice system is separate from the adult criminal system. While the adult system focuses on punishment, the juvenile system is designed to rehabilitate and educate young offenders. Some key differences include:

• Age: Juvenile courts typically handle cases involving individuals under the age of 18, although this can vary by state.

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