WHAT DOES ARRESTED MEAN?  WHAT DOES ARRESTED MEAN?

Whether you are under arrest or not is a legal question. It is important to know what qualifies as an arrest because certain rights/Constitutional protections come in to play once a person has been arrested. An arrest has occurred when: (1) Someone with the authority to execute an arrest has the intention to effect an arrest. (2) The person has been detained and can be controlled. (3) The arresting officer communicates the intent or pupose of the arrest. (4) The person being arrested understands the intention of the arresting officer is to arrest and detain him.


ARREST WARRANT

Only certain situations require a warrant to make an arrest. The best example is that a warrant is required to make an arrests in a private residence. Arrest warrants are issued by judges. Law enforcement and prosecutors make written affidavits that request judge to issue an arrest warrant.

An arrest warrant: (1) must be in writing. (2) state the nature of the crime. (3) command that the person the officer made the complaint about be arrest and brought in front of the judge. (4) Specify the name of the person to be arrested. (5) State the date and county. (6) be signed by the judge with title of the office. (7) State the amount of bail and if bondable or not.

DRUG POSSESSION   DRUG POSSESSION


Florida, like many states, has stringent laws regarding drug possession, aiming to address the complex challenges posed by substance abuse. This page provides an in-depth look into Florida's drug possession laws, examining key aspects such as penalties, potential defenses, and the role of recent legal developments.

I. Classification of Controlled Substances:
Florida categorizes drugs into different schedules based on their potential for abuse and accepted medical use. Understanding these schedules is crucial as they influence the severity of penalties associated with drug possession offenses.

II. Possession Offenses and Penalties:
Florida law distinguishes between actual and constructive possession of controlled substances. Actual possession involves having physical control over the substance, while constructive possession pertains to situations where an individual has the ability and intent to control the drug, even if not physically holding it.
Penalties for drug possession offenses vary depending on factors such as the type and amount of the controlled substance, prior convictions, and whether the offense occurred within a specified distance of certain locations, such as schools or parks.

III. Potential Defenses:
Several defenses may be applicable in drug possession cases, including unlawful search and seizure, lack of knowledge, and improper handling of evidence. It is essential to consult with a qualified attorney to determine the most effective defense strategy based on the specific circumstances of the case.

IV. Recent Legal Developments:
Florida's legal landscape is dynamic, and recent developments may impact drug possession cases. Stay informed about changes in legislation, court decisions, and law enforcement practices that could influence the handling of drug-related offenses.

Navigating Florida's drug possession laws requires a nuanced understanding of the legal framework, potential defenses, and recent developments. If facing drug possession charges, seeking legal counsel is crucial to ensure the protection of rights and explore possible avenues for a favorable resolution. Stay informed, stay vigilant, and be aware of the consequences associated with drug possession in the state of Florida.

Practice Areas   PRACTICE AREAS


  • Family Law
  • Criminal Defense
  • Child Custody and Support
  • Divorce
    • Parental Responsibility
    • Parenting Plan
    • Equitable Distribution
    • Alimony
    • Child Support
    • High-Asset Divorce
    • Divorce Involving Businesses
    • Real Estate
    • Uncontested Divorces
    • Simplified Divorces
    • Domestic Violence
      • Temporary Restraining Orders
      • Injunctions
      • Stalking
      • Cyberstalking
    • DUI
    • Misdemeanors
    • Drug Possession
    • Risk Protection Orders

RISK PROTECTION ORDER  RISK PROTECTION ORDERS

INTRODUCTION

Florida Risk Protection Orders (RPOs) have emerged as a controversial yet crucial tool in addressing public safety concerns. Enacted in response to tragic incidents, these orders aim to balance the need for intervention with the preservation of individual rights. This page explores the key aspects of Florida’s Risk Protection Orders, their implementation, and the ongoing debate surrounding their efficacy.

I. What are Florida Risk Protection Orders?
Florida Risk Protection Orders are legal mechanisms that allow law enforcement to temporarily confiscate firearms from individuals deemed to pose a significant risk of harming themselves or others. Enacted in 2018, these orders empower authorities to take preventive action when there is credible evidence of an individual’s potential danger.

II. Criteria for Issuing an RPO:
To obtain a Risk Protection Order, law enforcement, family members, or others close to an individual must present evidence to a judge demonstrating that the person poses a substantial risk. This evidence may include recent threats, violent behavior, or mental health concerns. The legal process involves a thorough examination of the presented evidence to determine whether the risk is imminent and significant.

III. Duration and Renewal:
Risk Protection Orders are temporary, typically lasting for up to one year. However, they can be renewed if the perceived risk persists. This time-limited nature ensures that the orders are not overly intrusive and are subject to regular reassessment based on the evolving circumstances.

IV. Controversies and Criticisms:
Despite their potential benefits, Florida RPOs have faced criticism from various quarters. Concerns range from potential misuse and lack of due process to questions about the effectiveness of disarming individuals in crisis. Striking the right balance between public safety and individual rights remains an ongoing challenge.

V. Impact on Mental Health:
One aspect often debated is the intersection of RPOs with mental health. Critics argue that the orders may discourage individuals from seeking help due to fear of legal repercussions. Advocates, on the other hand, emphasize the importance of addressing mental health concerns alongside gun safety to prevent tragedies.

Florida Risk Protection Orders represent a dynamic approach to mitigating the risks associated with firearm possession by individuals in crisis. As the state navigates the complexities of balancing public safety and civil liberties, ongoing evaluation and refinement of these orders are essential. The debate surrounding RPOs highlights the delicate task of crafting policies that effectively protect communities while upholding the principles of justice and individual rights.


Map  MAP TO OFFICE

Location & Hours

Main Office

3080 Tamiami Trl E, Ste 301
Naples, FL 34112

Mon-Fri 9am-5pm
Weekends by Appointment
Available in Fort Myers