FAQ: Immunity Defenses in Miami

FAQ: Immunity Defenses in Miami

Hey y’all! I wanted to write up a quick FAQ about immunity defenses in Miami since this stuff can get real confusing real fast. I’m just a regular gal tryin’ to help folks understand their legal rights and options, so apologies in advance for any typos or grammar goofs.

First off, what the heck is immunity? Basically, it’s when the law says someone can’t be prosecuted for a certain crime. Kinda like a “get out of jail free” card in Monopoly. There’s a few different types of immunity under Florida law:

Self-Defense Immunity

This is when you use force to defend yourself, your home, or others from harm. Florida has some really strong self-defense laws that give you immunity if you act in self-defense. The key is you gotta show the force was “necessary” to stop the threat[3].

Once you claim self-defense immunity, the prosecutor’s gotta prove “beyond a reasonable doubt” that you weren’t acting in self-defense. So you’re assumed innocent, and it’s on the state to show otherwise[5]. Pretty sweet deal.

Civil Immunity

If you use lawful force in self-defense, you can’t be sued civilly either. Say someone breaks into your house and you fight back – even if you hurt the burglar, their family can’t sue you for damages[5]. Thank goodness!

Sovereign Immunity

This one protects government agencies and employees from lawsuits. So like if a cop unlawfully arrests you, sovereign immunity makes it real hard to sue the police department[1]. Kinda lame if you ask me.

There’s some exceptions though – like if an employee acts in “bad faith” they can still be sued. So it’s not a totally “get out of jail free” card for the government[2].

Immunity Agreements

Prosecutors can offer immunity deals to get witnesses to talk. Basically they say “we won’t prosecute you if you testify against someone else.” There’s two kinds[6]:

• Transactional immunity – Witness can’t be prosecuted for any crimes related to their testimony
• Use immunity – Testimony can’t be used against the witness, but they can still be prosecuted

Immunity seems solid on paper, but it doesn’t make you “untouchable”[4]. Prosecutors can still come after you if they find other evidence unrelated to your testimony. So be real careful before taking an immunity deal!

Whew, that was a lot of legal mumbo jumbo! Let me know if you have any other questions. I’m always happy to chat about this stuff over a cafecito. Stay safe out there Miami!