New Year, New Record: How a Miami Criminal Defense Attorney Can Help Convicted Defendants Restore Their Rights

Written by:Julian Stroleny PortraitJulian Stroleny

As 2019 begins, it is important for all of us to take stock of our goals for the coming year. For many Floridians with old criminal convictions, 2019 can be an opportunity to restore civil rights and move forward with their law-abiding lives. Consult with the experienced criminal defense lawyer at Stroleny Law: Criminal Defense Attorney today to learn about the benefits of the restoration of voting and gun ownership rights.

Amendment 4

One of the most important changes Florida criminal defendants have encountered in recent years occurred in November 2018. With the passage of Amendment 4, most Florida felons now have the right to have their voting rights restored upon completion of all terms of a sentence, including parole or probation. The new law only excludes those defendants convicted of murder or felony sex crimes. This could create monumental shifts in Florida elections. According to WLRN, more than a million felons in Florida are eligible to have their voting rights restored, which would increase Florida’s voting population by ten percent. On an individual level, the right to vote is an important civil liberty that allows all citizens to have a say in government. Restoring voting rights to felons in Florida is an important step toward equal representation in statewide elections.

Restoration of Gun Ownership Rights

Both federal and state laws prohibit convicted felons from owning guns. Those convicted of a felony in a Florida state court may be eligible to petition to restore their gun ownership rights through the Florida Office of Executive Clemency. This is a difficult process and is not guaranteed to result in a restoration of rights.

However, a different federal law applies to domestic violence convictions. The Brady Bill permanently bans anyone convicted of any domestic violence offense – misdemeanor or felony – from ever owning a firearm. There is no petition process to challenge the ban or restore gun rights after a period of time. Domestic violence is defined by the federal law, which means that an offense could be designated as domestic violence under the federal law even if it is not classified as such under Florida law. The Brady ban would apply to such a defendant. The strict provisions of the Brady bill make it imperative for anyone charged with a domestic violence offense to consult with a criminal defense attorney prior to going to trial, accepting a plea deal, or even making statements to law enforcement officers.

Experienced Criminal Defense Representation for Post Conviction Matters in Miami

Voting and gun ownership are important civil rights. Many defendants are deprived of these rights long after they have paid their debts to society through jail time, probation, and fines. With the help of an experienced Miami criminal defense attorney, these rights can be restored in order to help defendants enjoy these rights once again. Call (305) 615-1285 today to schedule a consultation with an experienced Miami criminal defense attorney at Stroleny Law: Criminal Defense Attorney Don’t delay – get a fresh start for 2019 as soon as possible.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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