Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Firearm Possession’

Prohibiting Access of Firearms to Minors in Florida

Introduction: Firearms in Florida Any list of pro-gun states in the US will have Florida on it. The Florida state gun-related laws and legislation protect the right of citizens to possess and use firearms as well as carry openly or concealed firearms. Furthermore, Floridians have the right to protect themselves with firearms as part of self-defense, referred to as Stand Your Ground. Regardless, the many protections that gun owners receive do not occlude the presence or enactment of limitations to protected rights. What the Stats Say If the stats are anything to go by, then the enactment of these limitations is for good reason. For example, in 2015 alone, at least 265 people received accidental gunshots from kids. Of this number, 83 of the accidental shootings were fatal. Scary and shocking are not the only adjectives that qualify this fact. The stats therefore point to a growing issue of domestic gun safety. The issue is of high importance, especially when current estimates state that 1.7 million children live in households where guns are either stored fully loaded or left unlocked and easily accessible. More chilling… Read More

Supreme Court Issues Decision on Felon Firearm Transfer Policy

Just recently, a longstanding debate on the issue of felon’s gun transfer rights has been settled. It can be recalled that gun possession and transfer rights of convicted individuals have been the highlight of some legal battles. According to the US Supreme Court, there is a specific federal law that prevents felons from owning and selling guns. However, an exception clause gives them a bit of leeway. They are allowed to transfer gun rights to third parties on the condition that they will waive direct or indirect influence on the items sold. Gun Ownership by Florida State Convicts Florida state laws clearly explain the rights of convicts on gun ownership. After they have served their time in jail, their rights to own any type of weapon and ammunition will not be automatically restored. This right must be granted by the Office of Clemency of the state covering the Offender Review division. When a clemency decision has been issued, an ex-convict will get his or her weapons rights back. There are efforts to make applications for clemency and rights restoration procedure easier. Such procedures used to… Read More

Search And Seizure | Appeals Court Decision

The Search and Seizure Law | When Does It Apply? The Fourth Amendment of the Constitution protects its citizens by placing limits on the power of law enforcement to search people and their property, seize objects, or make arrests. These checks and balances are put in place to ensure that we as American citizens have the right to a certain degree of privacy. The Fourth Amendment protects us against any unreasonable searches and seizures by the government, both state and federal law enforcement. If there is probable cause of a crime committed, or a Judge has issued a warrant, police may override your right to privacy and conduct a search of you or your property. As long as an individual has a legitimate expectation to privacy, the Fourth Amendment applies and is there to protect you. Unfortunately, the meaning of what is written in the constitution and it’s amendments, is up to interpretation. Unreasonable, and legitimate expectation to privacy can mean completely different things to two individuals. This is where the important role of the judicial branch of the government comes in; to interpret the… Read More