Navigating Florida's Anti-Murder Act: How Miami Criminal Defense Attorney Dennis Gonzalez Jr. Can Help
Understanding Florida's Anti-Murder Act and its Consequences
You might be wondering, "Why should I be concerned about the Anti-Murder Act if I haven't committed homicide?" Contrary to its name, the Anti-Murder Act doesn't solely focus on murder cases. In essence, the Act prevents judges from reinstating probation for certain offenders deemed a "danger to the community." As a result, many individuals who violate their probation under this Act will not have their probation reinstated. Regrettably, this means that those charged with probation violations under the Anti-Murder Act might face extended periods of incarceration.
Florida's Anti-Murder Act restricts a judge's ability to grant bond in felony violation of probation cases if the probationer is on probation for a Sexually Motivated Offense or qualifies as a Violent Felony Offender of Special Concern. Miami Criminal Defense Attorney Dennis Gonzalez Jr. is here to help you navigate this challenging situation and provide the strong defense you need. |
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Sexually Motivated Offenses
Probationers on probation for a sexually motivated offense, such as Sexual Battery, Lewd and Lascivious Offenses, or Sex Crimes Against Children, cannot receive bond prior to a violation of probation hearing. However, if the presiding judge conducts a "Danger Hearing" and determines the probationer is not a danger to the public, bond may be granted.
Danger Hearing
A Danger Hearing is conducted to determine if a probationer poses a threat to the community. During this hearing, a judge can consider various factors, such as the nature of the violation, past and present conduct, family ties, and mental condition, among others. If a judge finds the probationer to be not dangerous, they may still deny bail.
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Violent Felony Offender of Special Concern |
Defining a Violent Felony Offender of Special Concern
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A Violent Felony Offender of Special Concern (VFOSC) cannot be released on bond unless the alleged violation is solely for failure to pay court-imposed financial obligations. Otherwise, the probationer must remain in jail until their violation of probation hearing and is not entitled to bond under any circumstances.
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A VFOSC is any person on felony probation or community control related to the commission of a qualifying offense, with a history of qualifying offenses or who has previously been found to be a habitual violent felony offender, a three-time violent felony offender, or a sexual predator.
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Qualifying Offenses - The following offenses constitute qualifying offenses under Florida Statutes Section 948.06(8)(c) for purposes of the designation as a violent felony offender of special concern:
- Murder or attempted murder under Florida Statute Section 782.04;
- Attempted felony murder under Florida Statute Section 782.051;
- Manslaughter under Florida Statute Section 782.07;
- Kidnapping or attempted kidnapping under Florida Statute Section 787.01 (a first-degree felony punishable by life in prison);
- False imprisonment of a child under the age of 13 under Florida Statute Section 787.02 (a first-degree felony punishable by life in prison);
- Luring or enticing a child under Florida Statute Section 787.025(2)(b) or (c);
- Aggravated battery or attempted aggravated battery under Florida Statute Section 784.045;
- Sexual Battery or attempted sexual battery under Florida Statute Section 794.011 (2), (3), (4), or (8)(b) or (c);
- Lewd or lascivious battery or attempted lewd or lascivious battery under Florida State Statute Section 800.04(4);
- Lewd or lascivious molestation under Florida State Statute 800.04(5)(b) or (c);
- Lewd or lascivious conduct under Florida State Statute 800.04(6)(b)
- Lewd or lascivious exhibition under Florida State Statute 800.04(7)(b);
- Lewd or lascivious exhibition on computer under Florida State Statute 847.0135(5)(b);
- Robbery or attempted robbery under Florida State Statute 812.13;
- Carjacking or attempted carjacking under Florida State Statute 812.133;
- Home invasion robbery or attempted home invasion robbery under Florida Statute Section 812.135;
- Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under Florida Statute Section 825.1025;
- Sexual performance by a child or attempted sexual performance by a child under Florida Statute Section 827.071;
- Transmission of child pornography under Florida Statute Section 847.0137;
- Selling or buying of minors under Florida Statute Section 847.0145;
- Poisoning food or water under Florida Statute Section 859.01;
- Abuse of a dead human body under Florida Statute Section 872.06;
- Any burglary offense or attempted burglary offense that is either a first-degree felony or second-degree felony under Florida Statute Section 810.02(2) or (3);
- Arson or attempted arson under Florida Statute Section 806.01(1);
- Aggravated assault under Florida Statute Section 784.021;
- Aggravated stalking under Florida Statute Section 784.048(3), (4), (5), or (7);
- Aircraft piracy under Florida Statute Section 860.16;
- Unlawful throwing, placing, or discharging of a destructive device or bomb under Florida Statute Section 790.161 (2), (3), or (4);
- Treason under Florida Statute Section 876.32;
- Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
When the stakes are high, it is crucial to have an attorney who can provide the strongest possible defense for your case. If you have questions or need assistance, call Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 or contact him by clicking here to arrange a free consultation about your defense.
With the representation of Miami Criminal Defense Attorney Dennis Gonzalez Jr., you can share your side of the story and learn about the strategies available for your defense. Don't hesitate to seek help as early as possible in the case. By discussing the situation with investigators instead of your lawyer, you risk providing invaluable and possibly incriminating evidence to the prosecution.
Call (305) 209-0384 now for your initial consultation with Miami Criminal Defense Attorney Dennis Gonzalez Jr.
Additional Information Resources
- Florida Legislature - Florida Statute 948.06
Dennis Gonzalez Jr.'s law firm is a top-tier criminal defense practice serving clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Florida. Possessing the knowledge, skills, and resources necessary for successfully handling all types of crimes, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will work relentlessly to protect your rights when you're in legal trouble.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |