Criminal law is constantly changing. Approximately 161 new laws went into effect on July 1, 2016 signifying the start of Florida’s fiscal year. The potential consequences of new laws include confusion for the public and law enforcement officials.
If you have been arrested or charged with a crime, contact the Sarasota criminal defenses attorneys of Erika Valcarcel, Criminal Defense Lawyer, P.A. at (941) 363-7900. We keep up with Florida’s changing laws so that we can provide you with the best defense possible.
A few of the new Florida laws are detailed below.
SB 228: Aggravated Assault Removed from Mandatory Minimum Sentencing
Numerous gun-related crimes in Florida are on a mandatory minimum sentencing list known as 10-20-Life. This list was put into place decades ago when the state was experiencing a high amount of gun crime and has led to inequitable results. Some people have been sentenced to 20 years in prison without causing anyone else harm.
The new bill removed aggravated assault from this list. Judges and juries will now have discretion in sentencing defendants found guilty of this crime.
SB 636: Rape Kit Testing Reform
Florida is just one of many states that has a significant backlog of sexual assault evidence kits that need to be tested. Law enforcement agencies had no duty to turn them over for testing and many crime labs are understaffed.
SB 636 requires law enforcement agencies to submit all rape kits for processing within 30 days of beginning their investigation. The crime lab has 120 days to analyze the evidence provided in the kit. The point of the law is to ensure additional backlog isn’t created and that crucial evidence is provided to victims seeking justice.
In addition, six state crime labs will receive funding to begin processing old rape kits.
SB 1044: Civil Asset Forfeiture Reform
Prior to this bill, it was possible for Florida police to take an individual’s property without charging that person with a crime. That means people could lose their cars, cash, or other valuables to the police without having done anything wrong. Attempting to get that property back involved a long and costly battle many people can’t afford.
Under SB 1044, the police must now arrest and charge someone with an actual crime before any property forfeiture proceedings, and they can only take property that would be described as contraband of that crime. The evidentiary standard for taking property was increased to beyond a reasonable doubt from clear and convincing evidence. The agency must also be more transparent and pay higher fees in relation to property forfeiture, which should discourage police from unnecessary taking defendant’s property.
Additionally, a minimum of 70 percent of the proceeds from seizures of motor vehicles driven by DUI offenders must be used on court costs, fees, and fines.
SB 1294: Enhanced Victim & Witness Protection
This bill increased the age of a child victim or witness who can testify through video or closed circuit TV from under 16 to under 18 years old. Now, more adolescents can testify safely and comfortably by recording what they have to say instead of appearing in court, which could be traumatizing. The court can now give orders of protection for individuals under 18 instead of under 16, enabling judges to protect more victims or witnesses from emotional or mental stress.
Contact the Sarasota Criminal Defense Attorneys at Erika Valcarcel, Criminal Defense Lawyer, P.A.
If you’ve been charged with a crime and you think one of these or another new Florida law may affect your case, call the experienced Sarasota criminal defense attorneys of Erika Valcarcel, Criminal Defense Lawyer, P.A. at (941) 363-7900 or contact us online to schedule an appointment.
View All Blogs"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
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Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
