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Protests, Unlawful Assembly, And Inciting A Riot
Every person in the United States and in Florida has the First Amendment right to peacefully protest. Unfortunately during these events, law enforcement can arrest people for various crimes. The typical charges in Florida are unlawful assembly, disorderly conduct, and, for the protest organizers, inciting or encouraging a riot. The purpose of this article is to explain the elements of these crimes, the possible penalties, and the defenses to them. Unlawful Assembly According to Florida Statutes 870.02 the crime of unlawful assembly occurs if three or more...
Should I Speak To The Police?
After there has been an allegation or report of a criminal offense, law enforcement officers will respond to the scene, investigate, and speak to various witnesses, including the person who they suspect of committing the crime. If you are suspected of a crime, the responding officers may try to question you at the scene or detectives assigned to the case may attempt to question you at a later time. When law enforcement suspects you of a crime, it is ALWAYS best not to answer any questions and to consult with an experienced defense attorney. Officers are trying to gather incriminating...
What Happens After An Arrest-The Charging Decision
If you are arrested in Pinellas, Hillsborough, Manatee, or Sarasota county, the case is then transferred to the State Attorney's Office to make a decision on whether formal charges will be filed. A few weeks to a month after your arrest, a prosecutor is assigned to your case. He or she will conduct an investigation into the allegations and may even call in witnesses to testify under oath. Frequently, people who are arrested for an alleged crime will sometimes think that nothing will happen and it is best to just wait and hope that the prosecutor will not file charges before hiring an...