Tampa Bay Criminal Defense Lawyer Blog
Restoring Of Civil Rights And Civil Liberties In Florida
How And When Is Restoring Civil Liberties And Civil Rights Possible?
Civil liberties and civil rights are one in the same. Though it is a long and costly process that does take a lot of effort and does depend on the actual felony conviction itself, it is often possible for a person convicted in the state of Florida or in another state to actually have their rights restored.
How Would Someone Know If They’re Actually Eligible To Have Their Rights Restored?
The easiest way to find out if you’re eligible for a civil rights restoration is to consult with an experienced attorney. The law firm of Blake & Dorsten, P.A. is always happy to talk with someone and offer a free evaluation if you are ready to have your rights restored.
To restore your civil rights, you need to wait a certain amount of time before you can even apply for the restoration. Additionally, you cannot owe any money or restitution from your original criminal conviction. Many times you will not be eligible if you owe the state money for unrelated things such as child support or even unpaid traffic tickets! Therefore, the easiest way to know if you’re eligible to restore your rights is just to speak with an attorney.
There is no certain checklist that someone would say, “Okay. A, B, C and D. I need all of that and I should be fine.”
The truth is, you could have everything in order and still be rejected. You could have paid back all the money and have waited the appropriate time but ultimately it’s up to the four people at the executive clemency board hearing to determine if they are going to give you a full granting of your civil rights. Unfortunately, it is more of an art not a science.
What Are Some Common Misconceptions People Have About Losing Their Civil Rights?
The law firm of Blake & Dorsten, P.A. have been doing this for quite some time. There are two big misconceptions that surprise people. The first would be when people just assume their rights are automatically restored after a period of time. There may be a few states that allow that but Florida is not one of them. There is no time limit to automatically restore your civil rights in Florida right now. You need to make the effort to have your rights restored by applying for them.
The other common misconception is that people assume that because they had an out-of-state felony conviction, it won’t follow them to Florida. In reality, they’re shocked that Florida recognizes these out-of-state convictions. They are surprised that yes, they are still considered a convicted felon in Florida.
Are Some Civil Rights Easier To Restore Than Others?
Yes. There are three categories for civil or firearm rights restoration. These depend on the type of felony you were convicted of. Certain convictions can be restored without having to have an in-person hearing. For example, if you are a convicted felon for driving while your license is suspended, or if you’re a convicted felon for just a simple possession of a controlled substance, those are considered not as serious as offenses. Many times, your rights can be restored by your attorney providing the proper paperwork, follow-up ground work and phone calls. You will not need to go to Tallahassee for an in-person hearing.
Other, more serious offenses will need an in-person hearing. Those include very serious offenses such as murder, manslaughter, DUI manslaughter, any type of sexual battery or attempted sexual battery, sexual activity with the minor, aggravated child abuse, kidnapping, aggravated battery, felony battery, most first or second degree felonies, even robbery or any illegal possession of a firearm. Those are the ones that you’re least likely to get your rights restored.
If you need information Restoring Of Civil Rights And Civil Liberties In Florida, call the law office of Blake & Dorsten, P.A. for a FREE Initial Consultation at (727) 286-6141 and get the information and legal answers you’re seeking.