Overview of Florida’s Red Flag Law Law enforcement has a new tool in Florida Statutes section 790.401, which became effective law in 2018. The law is entitled “Risk Protection Orders.” It allows law enforcement to request a judge to issue an order directing a person (called a “respondent” in these proceedings) to turn over all...
Category: Criminal Laws
Concealed Carry Rights in Florida Under Mandatory Evacuation Orders
What are our concealed carry rights as Floridians when the government has declared a state of emergency and a mandatory evacuation order has been issued for the area you’re in? For starters, the general rule in Florida is that you can’t carry a concealed firearm out in public without being a permit holder. As I...
What is the “Corpus Delicti” Rule in Florida?
Everybody knows that the law is full of latin phrases for what should be terms expressed in kitchen-table language: but what is the “corpus delicti” rule in Florida? The term itself, literally, means “the body of the crime.” It is commonly accepted that the “corpus delicti” rule in Florida criminal cases means that, in order...
Police Traffic Stop for “Following Too Closely”
We all know how frustrating it can be having someone aggressively tailgating you: but when can the police subject you to a traffic stop for “following too closely?” According to Florida Statutes section 316.0895: The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard...
Why Does the Florida DMV Suspend Your License for Drug and Theft Convictions?
Driving is a major part of most of our livelihoods: so why does the DMV suspend your license for drug and theft convictions? Florida Statutes section 322.055 states that “upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic...
What are the Criminal Statutes of Limitations in Florida?
What are the criminal statutes of limitations in Florida? It depends on the crime being alleged. But perhaps the first question is why there are statutes of limitations in the first place. The “statute of limitations” basically sets forth the amount of time that the government has to either initiate a proceeding against a person...
Is it a Crime to Leave Your Kid in Your Car While You Shop?
Any parent these days will tell you: things aren’t like they used to be. Many of the things our parents did would get a person arrested these days! Riding in the front with no car seat, bouncing around in the back of a pickup truck, absolutely no helmets, a general lack of supervision, and playing...
Is it Illegal for Medical Marijuana Patients to Possess Firearms?
Possessing a firearm for self-defense purposes is at the core of our Second Amendment rights. But do you lose your right to bear arms if you’re lawfully using medical marijuana? The answer appears to be “yes.” A number of friends have posed this question to me recently over a few separate occasions, so I thought...
Concealed Firearms in Your Vehicle (w/o a Permit) – How Not to Get Arrested
Bearing arms for legitimate self-defense is a Constitutional right. But like so many other things, the devil is in the details. The government is allowed to impose reasonable restrictions on that right in order to carry out law enforcement functions and in support of the general welfare, but sometimes those restrictions violate our Constitutional rights...