Florida Criminal Defense Law Blog

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Having a criminal record can affect you of multiple levels. It can affect your ability to secure a job, professional license, student loans, housing or credit. You may be unable to vote with a conviction on your permanent record. It may also adversely impact your ability to possess a firearm.

The 1968 Gun Control Act, or 18 U.S.C. § 921 et seq, permanently bars felons from possessing firearms. It doesn't matter whether an individual's conviction was for either a violent or nonviolent offense. This law applies to virtually any defendant convicted of a crime that typically carries a period of incarceration of one year or more. If a person's conviction is for a felony under U.S. law, then they're permanently barred from ever being able to possess a firearm lawfully within this country's borders.

Restitution is a monetary sum that convicted criminals may have to pay to their crime victims. Florida judges will often order a defendant to pay restitution in cases where there's documentable proof that their victim has suffered some financial distress or loss due to the offense that took place. The court's goal in ordering a defendant to pay restitution is to restore the victim to the same economic point that they were at before the crime took place.

A judge can order a defendant to pay restitution instead of sentencing them to prison. The court can also require anyone convicted of a crime to pay restitution and sentence them to probation or incarceration. Federal and state guidelines exist advising judges as to which individuals can receive restitution and how much a defendant will have to pay.

Drug addiction is a pandemic in the United States. It's so much of a problem that Florida lawmakers created the drug court system as an alternative to incarceration decades ago. In 1989, Miami-Dade County became the first jurisdiction to establish a drug court in the U.S.

American prisons, unfortunately, don't focus on rehabilitation. This country's recidivism rate hovers at around 70% as a result. The chances that an ex-con will wind up back in prison is quite high. Studies have shown that drug courts that focus more on treatment plans and recovery can significantly reduce relapses and the recurrence of criminal activities.