Criminal Defense Lawyers

Sunrise Possession of a Firearm or Ammo while subject to a Restraining Order Lawyers

Sunrise Possession of a Firearm or Ammo while subject to a Restraining Order Lawyers

Dealing with a weapons charge related to a restraining order can be really stressful and confusing. I feel you. Trying to navigate the legal system when your freedom is on the line is no joke. But don’t freak out just yet. There are good defense lawyers out there who can help. I wanted to give you the scoop on this type of charge in Florida, some defenses that could work, and what to expect from working with a criminal defense attorney.

The Law in Florida

In Florida, it’s illegal to have a gun or ammo if you’re the subject of a domestic violence restraining order or injunction. This law is in Statute 790.233. Basically, if a judge orders you to stay away from someone and prohibits you from using or threatening violence against them, you can’t have any firearms or ammunition while that order is active. Seems straightforward enough, but these kinds of cases can get complicated fast.There are a few key things to understand:

• The weapon or ammo possession has to happen after the restraining order is issued. If you had the gun before the order, it’s not automatically illegal.
• The order has to specifically state you can’t possess weapons or ammo. Not all restraining orders prohibit firearms.
• The charge is a first-degree misdemeanor. That’s punishable by up to a year in jail. It’s serious.
• There are exceptions, like if the weapon is surrendered to law enforcement. But you have to follow the procedure outlined in Statute 790.233.
• Federal law may also prohibit weapons possession for someone subject to a domestic violence protective order. That can lead to additional charges.

So if you’re charged under this statute, a lot will depend on the specifics of your situation – the timing, what the order said, what you actually did, etc. An experienced criminal defense lawyer will need to review everything closely.

Possible Defenses

There are a number of defenses that could potentially apply to a 790.233 weapons charge:

• You didn’t know about the order. If you didn’t have proper notice that the restraining order prohibited weapons, you may not have “knowingly” violated the statute. Your lawyer can argue you didn’t intentionally break the law.
• The order was improper or invalid. If there were flaws in how the restraining order was issued or handled, that could make it invalid. Possession of weapons may not be illegal in that case.
• You took steps to comply. If you turned over weapons to law enforcement or made reasonable efforts to do so, it shows you didn’t “knowingly” violate the order.
• The weapon wasn’t yours. If someone else left a gun at your house or you briefly handled it without taking ownership, you may not have actually possessed the firearm.
• You qualify for an exemption. There are certain exemptions – like having the weapon at your business – that could apply.

Your attorney will look at every angle of your case to figure out what defense gives you the best chance of beating the charges. Don’t just plead guilty without exploring your options first.

Working with a Defense Lawyer

If you’re facing charges under Statute 790.233 or any other weapons offense, having an experienced criminal defense lawyer on your side is critical. Here’s what you can expect:

• They’ll review the restraining order paperwork to see if the firearms prohibition was valid.
• They’ll determine if you actually violated the order or qualify for any exemptions.
• They’ll request evidence from the prosecution and scrutinize every detail.
• They’ll interview witnesses to challenge their accounts.
• They’ll work to get charges reduced or dismissed through plea negotiations.
• They’ll keep you informed and explain your legal options.
• They’ll vigorously defend you in court hearings and at trial.

A good lawyer understands Florida’s firearms laws and how to approach these types of cases. Don’t leave your defense to chance – get professional legal help.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Finding the Right Lawyer

So how do you find a qualified, experienced criminal defense attorney? Here are some tips:

• Ask people you trust for referrals. Friends, family members, or colleagues may know a good lawyer.
• Check online reviews. Look for lawyers with consistently positive reviews. But make sure they have expertise with firearms charges specifically.
• Confirm they handle cases in your area. You want someone familiar with the local courts and prosecutors.
• Ask about experience. Find out how many similar cases they’ve handled and what results they’ve gotten. Look for at least 5+ years of experience.
• Make sure they have resources. Big weapons cases often have motions, hearings, and lots of evidence. See if the lawyer has the staff and resources to handle the workload.
• Meet them in person. Schedule a consultation to talk face-to-face and make sure it’s a good fit. Trust your gut.

Finding the right criminal defense lawyer takes research, but it’s time well spent. An experienced attorney can make all the difference in how your case turns out.

What to Expect Cost-Wise

The cost of a criminal defense lawyer can vary quite a bit based on experience, location, and the complexity of your case. Some ballpark figures:

• For a misdemeanor, fees might start around $1,500 – $3,000.
• For a felony, fees could start at $5,000 – $10,000.
• Complex cases with lots of motions and hearings will be more.
• Going to trial will increase the overall cost.

Many lawyers offer free consultations, so you can get case-specific estimates. They may also let you setup a payment plan if needed. Don’t let the potential cost deter you from getting good legal representation. It’s worth it.

Getting Help Now

Dealing with a criminal charge related to a restraining order can be overwhelming. But you don’t have to handle it alone. An experienced defense lawyer can protect your rights, clearly explain your options, and fight to achieve the best possible outcome.If you or a loved one is facing a weapons possession charge in Florida, don’t wait to get legal help. The sooner you have expert representation, the better. Consult with a seasoned criminal defense attorney right away to start building your defense. This is not the time for amateurs. You need someone who knows these laws and prosecutors inside out.With an experienced lawyer on your side, you can have confidence that your case is getting the absolute best defense possible. Don’t leave your future to chance. Get the professional legal help you need and breathe a little easier knowing you’ve got a seasoned pro fighting for you. You’ve got this!

Resources

Articles and Information

• Overview of Florida’s Firearm Possession Laws
• When a Restraining Order Prohibits Gun Possession
• Penalties for Violating Florida Statute 790.233
• Federal Firearm Prohibitions for Domestic Violence Restraining Orders

Florida Defense Lawyers

• Frank A. Abrams Law – Miami criminal defense firm
• Black Law – Orlando lawyers focusing on domestic violence cases
• Meltzer & Bell – Experienced Fort Lauderdale trial attorneys
• The Law Place – Tampa lawyers with firearms defense experience
• Plotkin Legal – Miami Beach firm defending complex weapons cases

Videos

• Challenging Restraining Orders – FL Firearm Rights
• When Can You Own a Gun with a Restraining Order?
• Florida Gun Lawyer Explains Firearm Possession Defenses

I hope this gives you a good overview of the law, defenses, and finding legal help if you’re facing one of these charges in Florida. Don’t panic, get proactive and consult with an experienced criminal defense attorney right away. You’ve got options and skilled lawyers who can help protect your rights. Stay strong!