Switch to ADA Accessible Website
Orlando Criminal Lawyer
call for a free
consultation

Concerns Over Florida’s Red Flag Laws Have Gone Beyond Constitutional Violations & Into Potential Self-Incrimination in Criminal Cases

GavelBooks

Florida’s red flag law – passed after the Parkland school shooting and designed to allow authorities to take away an individual’s guns for a year if they are deemed to be a threat to themselves or others – has captured news headlines of late as the state begins to obtain its first convictions against those who object to authorities taking their guns away; in part because they are unaware of the existence of the law and are still under the understanding that authorities need to obtain a warrant or a certain amount of evidence before making this type of seizure; pursuant to their constitutional rights.

What’s perhaps even more alarming, however, is the fact that recent data indicates that most (80 percent) of Southwest Florida residents (including Collier and Lee Counties) who are court ordered to have their guns taken away from them under his new law are not represented by an attorney, and approximately 90 percent of them will have lost their guns for at least one year under the law even though the Sixth Amendment right to counsel is one of our basic fundamental constitutional rights. As a result, there are serious concerns that those trying to defend themselves against these orders could end up jeopardizing related criminal cases that may apply to them. News reports have also described a number of individuals attempting to abuse the law by contacting authorities and providing them with false information in an effort to harass others.

Granted Without Evidentiary Requirements, Criminal Charges, Or Evaluations

These court orders have been granted under a standard that is exceedingly easy to meet, without any actual evidence needing to be produced and, at times, only based on ‘word of mouth.’ Law enforcement can move forward and show up at someone’s home to seize these guns without the individual ever being charged with a crime or undergoing a mental health evaluation.

Due Process & Self-Incrimination Concerns

Under the law, the risk protection paperwork is supposed to inform individuals that they have the ability to seek the advice of an attorney, however, in many of these cases, those accused have a mere two weeks before their final risk protection order hearings to find an attorney and build their defense and, of course, law enforcement is represented by government attorneys. As a result, there is no question that the law has fallen short on basic due process rights and perhaps of even more concern; if an individual has a criminal case pending against them, and finds themselves in the position of having to defend themselves against a risk protection order, anything that they say in that hearing could be used against them in their criminal case.

There’s No Time to Waste: Contact Our Florida Criminal Defense & Civil Rights Attorneys

At The Baez Law Firm, we have extensive experience defending individuals whose rights have been violated, and are successful in ensuring that if evidence was illegally obtained in violation of someone’s rights, it cannot be used at trial. Contact our Orlando criminal defense attorneys today to find out more about our services.

 

Resource:

naplesnews.com/in-depth/news/crime/2019/12/12/most-red-flag-law-subjects-collier-lee-had-no-lawyer/4189834002/

sun-sentinel.com/news/crime/fl-ne-rpo-defiance-trial-20191206-ejkq5e6vwvbnpki4spp3jm7psy-story.html

https://www.baezlawfirm.com/more-police-misconduct-in-florida-deputy-grabs-minor-female-by-the-head/

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue #620
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2020 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab