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florida stand your ground law

Florida’s Stand Your Ground Law: Do I Have a Duty to Retreat?

February 19, 2020/in Uncategorized /by DAMG

The state of Florida is well-known for its Stand Your Ground law. While some people have a full understanding of the law and what it means for them, not everyone understands the purpose of this law or when it might come in handy. If you would like to know more about the stand your ground law in Florida and whether you have a duty to retreat or not when residing in Florida, a Ft. Myers defense attorney from the Robert Foley Law Firm is here to provide you with more insight to give you a better understanding of it.

What Does “Stand Your Ground” Mean?

In the United States of America, some states consider it illegal to use deadly force as a means of protection. However, in Florida, those who are attacked by another person have the right to face their enemy and do not have a duty to retreat. 

Carried out to its extreme, the law essentially means that residents of Florida have the right to stand their ground and use deadly force to defend themselves to prevent great bodily harm, permanent disability, or death. Residents do not need to retreat and can instead take matters into their own hands by standing their ground, hence the colloquial name for the law.

ft myers defense attorneyFor example, if someone approaches another person in a menacing matter with a deadly weapon, the victim may then lawfully defend themselves with equal force to stop them if they can reasonably articulate that they were in fear of great bodily harm or death afterward. The Ft. Myers defense attorney will gladly go over the details of this law with you.

Are These Laws Beneficial to Residents?

Some residents of Florida may have concerns about the Florida Stand Your Ground law and what it means to them. While it is natural for some to feel worried about the possibility of another person causing harm to them simply because they felt threatened, that is not the purpose of this law that has been put in place in Florida. 

The Florida Stand Your Ground law was designed to make sure people in the state have the right to protect themselves during emergencies in which there is no other choice. However, it is not an excuse for people to go on a shooting or stabbing rampage and cause harm to innocent people. If someone does choose to act out and tries to use this law to protect them from facing legal trouble, they will often still be penalized. Someone who acts in good faith when standing their ground would likely not face any criminal punishment associated with their actions, provided those actions comply with the law.

Involved in a Stand Your Ground Situation? Let Robert Foley Help

The Stand Your Ground law in Florida is in place to protect residents, but even still, the law can create a bit of controversy. If you were involved in a situation where you had to use a weapon because you felt like you were being attacked and you needed to stand your ground, you might have concerns about possible punishments. When you have such serious concerns, it makes the most sense to contact the Robert Foley Law Firm for legal assistance. As an experienced criminal defense law firm, we have the answers to questions you might need to ask. You can reach out to us at 239-690-6080 to schedule your consultation and get an ally who will fight on your side.

https://robertfoleylaw.com/wp-content/uploads/2022/01/floridas-stand-your-ground-law-do-i-have-a-duty-to-retreat-.featured-1.png 630 1200 DAMG https://robertfoleylaw.com/wp-content/uploads/2023/01/robert-foley-logo-300x49.png DAMG2020-02-19 18:31:002022-01-21 18:40:23Florida’s Stand Your Ground Law: Do I Have a Duty to Retreat?
florida probation violations

Florida Probation Violations: Don’t Make Any of These Three Violations By Mistake

February 5, 2020/in Uncategorized /by DAMG

If you are on probation, you must be careful with what you do. Making the wrong mistakes could land you in hot water and cause you to end up back in jail all over again. If the thought of going back to jail is stressful enough, you need to know which mistakes people often make that cause them to violate their probation and end up in more legal trouble. A Florida criminal defense lawyer from the Robert Foley Law Firm is here to go over some of the violations you need to avoid and let you know when you might need to hire a Florida defense attorney.

Not Paying Your Court Fees

When you are charged with a crime and go to court, you may end up with court fees and fines, including restitution that may be paid out to the victim in the situation. You may owe thousands of dollars by the time you get out of jail. You are probably wondering how you can even afford to pay the fees and fines off when you are just getting out and still looking for a steady job. However, the courts are willing to work with people by putting them on a payment plan. You can end up paying a low amount on a monthly basis until you are caught up.

Not Attending Important Court-Ordered Programs

florida criminal defense lawyerDepending on what you were arrested, charged, and convicted of doing, you may need to attend a court-ordered program as part of your release agreement. For example, if your charges had to do with drugs, the judge may have ordered you to attend a program in which you can learn how to avoid the temptation of using drugs while continuing on a better path that involves staying sober and doing positive things in your life. A probation violation attorney can help you understand these programs and your options.

Using Marijuana or Other Substances That Could Cause a Failed Drug Test

Because marijuana is becoming legalized in many states across the country, you may feel like it is acceptable for you to smoke it while on probation, but that is not true. You would need to talk to your probation officer about it beforehand. If it is illegal in your area, you could easily violate your probation and get sent back to jail for failing a drug test, thereby needing the assistance of a Florida defense attorney. 

And, if you are using any other substances that are considered illegal and should not be used, you would be considered in violation of the terms of your probation. These substances are not worth going back to jail over, so make it a priority to stay clean and sober for those random drug tests that you might need to take. A Florida criminal defense lawyer would advise against any recreational drugs when you are on probation.

Did You Unintentionally Violate Your Probation? Let the Robert Foley Law Firm Help

Did you violate your probation by mistake? Whether you failed to pay fees, forgot about attending a court-ordered program, or used a substance that is considered illegal and failed a drug test, you might have been unintentionally violating the probation that you were put on after getting released from jail or as an agreement to avoid jail in the first place. 

Now that you are facing additional legal trouble, The Robert Foley Law Firm would like to help. You need a probation violation attorney who is ready to put up a fight for you. Call our office to get the help you need at 239-690-6080.

https://robertfoleylaw.com/wp-content/uploads/2022/01/florida-probation-violations-dont-make-any-of-these-violations-by-mistake-1200x628-1.jpeg 628 1200 DAMG https://robertfoleylaw.com/wp-content/uploads/2023/01/robert-foley-logo-300x49.png DAMG2020-02-05 17:57:102022-01-21 18:40:31Florida Probation Violations: Don’t Make Any of These Three Violations By Mistake

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    If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative.

    With criminal charges, most likely, your objectives will be to either avoid jail time, reduce or dismiss your charges, and/or keeping your record clean.

    Robert Foley shares these objectives and understands the devastating effect a criminal conviction can have on your career, your future, your family, and even your freedom.

    As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.

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    If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative. As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.

    • (239) 690-6080
    • justice@robertfoleylaw.com
    • 12481 Brantley Commons Ct.
      Fort Myers, FL 33907

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