Posted on November 02, 2020 in Criminal Defense

In response to the Marjory Stoneman Douglas High School shooting in Parkland, FL, state lawmakers passed a SB 7063 that allows the police to seize firearms, ammunition, and other weapons from someone who is considered a "high risk" of harming themselves or others. Although this gun-control bill is intended to reduce the possibility of future shootings, it also has serious unintentional repercussions for law-abiding firearm owners.

The following are the most frequently asked questions about Florida Statute 790.401 or "risk protection orders" (RPO).

What is a Risk Protection Order?

A risk protection order is a court order that enables a person - known as the respondent - to surrender his/her firearms to law enforcement officials. Additionally, the respondent must forfeit their license to carry a concealed weapon.

Who Can File a Risk Protection Order?

Only police officers and law enforcement departments can file petitions for RPOs in Florida. Yet, if a person believes someone poses a risk by having access to firearms, he/she can contact the police and make a request to file a petition.

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 Posted on September 15, 2020 in White Collar Crimes

Fraud is a type of white collar crime involving a scheme to deceive a person or entity for financial gain or cause harm.

In order to convict someone of fraud, the prosecution must prove that the defendant intentionally defrauded or misrepresented certain facts to another party, which resulted in some form of harm. Common types of fraud include credit card fraud, mail fraud, wire fraud, insurance fraud, mortgage fraud, and even identity theft.

Unfortunately, fraud is both a state and federal offense in Florida, which means a conviction can result in serious criminal penalties, including a lengthy sentence in federal prison. However, there are several potential defenses that a defendant - and their criminal defense attorney - can use to avoid conviction.

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 Posted on August 19, 2020 in Criminal Defense

From arrests to courtrooms, the COVID-19 pandemic has significantly impacted the Florida criminal justice system. Miami-Dade County and other courts throughout Florida have immensely reduced the amount of cases they hear, and jail and prison system has limited the number of new inmates they acquire.

But what about arrest warrants? For the most part, law enforcement officials and the courts handle this issue on a case-by-case basis.

Keep in mind, the prosecutors in Miami-Dade County Court continue to work out agreements to release individuals facing misdemeanor or nonviolent felony charges since jails must have fewer inmates to enforce social-distancing practices and provide effective infection control. In other words, people accused of low-level crimes are being released on their own recognizance to wait for their pending court hearing or placed on house arrest until trial.

So, for active warrants related to low-level crimes, the police are prioritizing investigative efforts primarily on serious felonies or significant violations of the Florida safer-at-home order. For instance, if a business continuously violates the safer-at-home order - even after repeated warnings by law enforcement and education - the owner or management can face unlawful assembly charges and accused of violating a public health emergency order.

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 Posted on July 27, 2020 in Civil Rights

Record sealing or expungement is a legal process that involves restricting access or destroying a person's criminal record. So, if your record is sealed, the public (e.g. potential employers and landlords) cannot see your criminal history.

Having your record sealed in Florida depends on if you were either convicted or not convicted of the underlying crime. If you were charged but not convicted, you qualify for record sealing if you never had a criminal record sealed or expunged before (whether in Florida or in another state), nor a pending petition for either record sealing or expungement. However, there are certain offenses, such as domestic battery, which are not eligible for record sealing - even if you were not eventually convicted.

By contrast, if you were found guilty or pleaded no contest, you cannot have your record sealed or expunged if the underlying charge is a DUI or felony offense. However, you may be eligible for record sealing if you were convicted of a misdemeanor offense, unless it is an assault, battery, unlawful weapons charge, or petit theft charge.

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 Posted on June 12, 2020 in Civil Rights

According to Florida law, a felony conviction not only results in prison time, fines, and other criminal penalties, but it also leads to the revocation of a person's civil rights, such as the right to vote, own or possess a gun, serve on a jury, or hold public office. These rights are essential to participate in our democracy and protect your home and property from intruders.

After completing all sentences and fulfilling all conditions, including paying fines and restitution, a convicted felon may apply for Restoration of Civil Rights through the Office of Executive Clemency. There are two types of Restoration of Civil Rights cases: those involving hearings and those without hearings.

Hearings are required for felons who were convicted of serious offenses. These individuals must wait seven years after completing all sentences and court-mandated conditions. Furthermore, felons must submit certain court documents for each of their felony cases.

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 Posted on June 08, 2020 in Violent Crimes

When it comes to domestic violence accusations in Florida, a police officer may arrest someone if there is probable cause that domestic violence (e.g. assault, battery, strangulation, or any crime involving physical injury or death of a family/household member). Although law enforcement officials will separately evaluate mutual accusations, they are required to arrest the "primary aggressor."

But the truth is that many domestic violence incidents result in both parties expressing regret over the entire ordeal. It is not uncommon for an alleged victim to ask the police or the prosecutor to drop the charges against the alleged aggressor.

However, the alleged victim isn't the one who presses charges. Rather, it is the State of Florida. This means even if the alleged victim wishes to drop the case, the state prosecutors ultimately have the authority to either pursue the case or not.

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 Posted on May 13, 2020 in Violent Crimes

Although assault and battery are considered one type of violent crime in many states, they are two different offenses in Florida. Assault is defined as the threat of imminent harm, while battery means making physical contact.

To be convicted of assault, the prosecution must prove that you intended to threaten the alleged victim using intimidating actions, words, or gestures and caused the victim to be afraid for their life. For a battery conviction, on the other hand, the State must demonstrate that you intentionally harmed the alleged victim and the physical contact was committed without the victim's consent.

The following are five common defenses to assault and battery in Florida:

1. Self-defense - If you reasonably believe it was necessary to harm another person to defend yourself against imminent use of unlawful non-deadly force, you will not be convicted of assault or battery. Additionally, there is no duty to retreat before exercising your self-defense right and anyone who unlawfully or forcefully enters or attempts to enter your home or vehicle is automatically considered doing so to intentionally commit a violent crime.

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 Posted on April 15, 2020 in Theft

Although there has been an increase in domestic violence calls in Florida since the COVID-19 pandemic arrived in the United States, there has also been an increased in felony crimes, including theft crimes such as grand theft.

According to the Dothan Eagle, Jackson County law enforcement officials arrested and charged a Houston County juvenile with grand theft, grand theft of a firearm, and armed burglary of a dwelling after burglarizing a building with a stolen gun and tried to steal a vehicle to escape the scene. ABC7 reported on April 1 that the Manatee County Sheriff's Office was looking for a person or group of individuals accused of grand theft and burglary removing five RV trailers in Bradenton and stealing contents inside those trailers.

The coronavirus outbreak has forced many businesses to close its doors until further notice, which has also led to many people losing their jobs. These frightening and uncertain times, mixed with unemployment and the stress of supporting the family, can result in desperation, causing people to commit theft in order to stock up on essential items and survive.

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 Posted on March 20, 2020 in Violent Crimes

Throughout Florida and across the United States, millions of Americans have started to quarantine themselves in their homes in hopes of hindering the spread of Coronavirus and flattening the curve of new cases each day. However, since people are now stuck in their homes 24 hours a day and seven days a week -- either because they were either mandated to work from home by their job or, unfortunately, laid off -- the National Domestic Violence Hotline and law enforcement officials in every state expect an increase of domestic violence incidents in the coming weeks or months.

In fact, several domestic violence reporting systems have experienced an increase in phone calls within the last week. Whether we are in the middle of a pandemic or not, unemployment, guns in the home, forced sex, and previous incidents of domestic violence often lead to domestic homicide.

According to Axios, when China instituted its quarantine mandate, the number of domestic violence cases reported to the police tripled in February in comparison to last year. Activists claim enforced lockdown led to the spike of such incidents.

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 Posted on March 20, 2020 in Criminal Defense

From work and school to concerts and sporting events, the Coronavirus outbreak has put a stop to many aspects of our daily lives. Federal, state, and local governments have issued mandates requiring most people to stay in their homes for at least two weeks in order to "flatten the curve" of new cases and deaths throughout the United States.

But what does that mean for people who are scheduled to appear in criminal courts? In Florida, many courthouses throughout the state have closed their doors for the time being.

On Tuesday, the Florida Supreme Court issued a statewide order, limiting how the court functions during the pandemic that will remain in effect until March 27. Chief Justice Charles Canady said that criminal and civil jury trials, grand jury proceedings, and jury selection proceedings have all been suspended.

On the same day, Miami-Dade County Courthouse shut down court facilities until March 27 as well. Staff members will work from until during this period.

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