Miami, FL Red Flag Law Attorney

Trusted Lawyer Helping Address Weapons Charges Related to Risk Protection Orders in Miami

Florida's red flag law, which is also known as the risk protection order (RPO) statute, allows law enforcement officials to petition the courts asking for temporary firearm restrictions to be placed on people who are deemed to be a danger to themselves or others. This law is intended to prevent potential acts of violence by preventing someone from accessing firearms when they have exhibited warning signs of dangerous behavior.

While the red flag law is designed to enhance public safety, it can also result in legal challenges for people who own and use firearms. A person who has been accused of being a danger to themselves or others may face long-term consequences if they are subject to an RPO, including weapons charges. The Hoffman Firm provides legal representation for people who are facing RPO petitions in Miami, working to ensure that their rights are protected and that they have an opportunity to challenge these orders in court.

When Can Florida's Red Flag Law Be Used?

A risk protection order may be issued if a law enforcement officer or agency provides evidence that a person poses a significant danger of causing personal injury to themselves or others. An RPO may be sought based on issues such as:

• Threats of violence toward others, whether made in person, online, or through other forms of communication
• Acts of self-harm or suicide threats
• A history of reckless firearm use or brandishing a weapon in a threatening manner
• Signs of severe mental instability that indicate an inability to handle firearms responsibly
• Substance abuse issues that may impair a person's judgment and increase the risk of violent behavior
• Violations of existing orders of protection
• A convictions for a domestic violence offense in Florida or another state

A law enforcement agency may file a petition for an RPO even if no criminal charges have been filed. In many cases, these petitions are made after concerned family members or other people in the community report troubling behavior.

The Process for Obtaining a Risk Protection Order

Florida courts follow a two-step process when determining whether to issue a risk protection order:

1. Temporary RPO (Ex Parte Order): When law enforcement files an RPO petition, the court may issue a temporary order without holding a full hearing if it determines that there is an immediate danger. This temporary order will last until a hearing can be held, which must occur within 14 to 30 days.
2. Final RPO Hearing: A full hearing will be scheduled after a temporary order has been issued. At this hearing, the respondent has the right to present evidence and challenge the petition. If the judge finds that there is clear and convincing evidence that the person poses a risk, a final risk protection order may be issued, and it may last for up to one year.

Requirements and Restrictions Under a Risk Protection Order

A person who is subject to a risk protection order must comply with the following conditions:

• Surrender of Firearms and Ammunition: The person must turn over all firearms, ammunition, and concealed carry permits to law enforcement.
• Prohibition on Acquiring New Firearms: While the order is in effect, the person is barred from purchasing, possessing, or receiving firearms or ammunition.
• Mental Health Evaluation Requirements: In some cases, the court may order the individual to undergo mental health counseling or treatment.

A person may petition the court to vacate or terminate an RPO before it expires, but they must provide evidence that they no longer pose a risk. If law enforcement believes the risk still exists, they may request an extension of the order for up to one additional year.

Penalties for Violating a Risk Protection Order

Failure to comply with an RPO can lead to criminal charges and additional penalties. A person who possesses or attempts to acquire a firearm while under a risk protection order may be charged with a third-degree felony, and they could face a prison sentence of up to five years and/or fines totaling as much as $5,000. A violation of an RPO can also lead to further legal consequences, including difficulties restoring firearm rights.

How The Hoffman Firm Can Help With Red Flag Law Cases

Risk protection orders can have serious legal and personal consequences, including the loss of firearm rights and potential criminal charges. Our attorney can provide a strong legal defense for people in Miami who are facing RPO petitions or allegations of violating an existing order. We help clients:

• Challenge RPO Petitions: If a petition has been filed, we will gather evidence to dispute the allegations and demonstrate that the person does not pose a danger.
• Represent Clients at RPO Hearings: Our lawyer can help demonstrate that risk protection is not necessary, presenting arguments to prevent an order from being granted.
• Assist With Early Termination of an RPO: If a risk protection order is already in place, our attorney can seek a court hearing to argue for the order to be vacated.
• Defend Against RPO Violation Charges: If a person is accused of violating an RPO, our lawyer will work to build a strong defense and minimize the potential penalties.

Contact Our Miami Red Flag Law Attorney

If you are facing a risk protection order, or if you have been accused of violating Florida's red flag law, legal representation is essential. At The Hoffman Firm, we will help you challenge an RPO petition and defend your rights in hearings or other legal proceedings. Set up your free consultation by contacting us at 305-249-0090.