In this article, you will discover: What a risk protection order is in Florida How to contest a risk protection order Common misconceptions gun owners have about Florida’s red flag law Florida's Red Flag Law Florida's Red Flag Law is legally known as a Risk Protection Order (RPO). It allows law enforcement officers or agencies to file a petition with a court to prevent an individual from temporarily possessing or bearing firearms if they present a danger to others or themselves. Once the petition is filed, the court sets a hearing. However, if the court reviews the petition and believes the law enforcement agency met the standard for an RPO, it can issue an ex-parte order. That means the court can initially impose a temporary RPO before the respondent, the person against whom the order was filed, has a chance to defend themselves against the allegations at a hearing. If…Read More
Being the victim of a crime can be one of the most traumatic events in someone's life. Florida law recognizes this and provides victims with a range of rights and protections—both under the state constitution and specific laws. These rights ensure that victims are treated with dignity, their voices are heard, and they can seek justice and compensation. 1. Who Represents the Victim in a Criminal Case? In Florida, the prosecutor (called the Assistant State Attorney) handles the criminal case on behalf of the State of Florida—not the individual victim. This means: The victim is not the prosecutor's client. The prosecutor's role is to pursue justice for society, which might not always align with what the victim wants. That's why some victims choose to hire their own attorney, especially if they want to: Make sure their rights are fully exercised. Seek financial restitution. File a civil lawsuit against the offender…Read More
How A Supreme Court Ruling Could Affect Attorney Payments In School Disability Cases A recent U.S. Supreme Court decision could make it easier for families of children with disabilities to win lawsuits and get their attorneys paid when public schools fail to meet their legal responsibilities. The Case: A.J.T. V. Osseo Area Schools A.J.T. is a teenage girl who has a rare form of epilepsy. Her condition causes frequent seizures, especially in the mornings, making it impossible for her to attend school before noon. Despite her ability to learn in the afternoons and evenings, her school district in Minnesota refused to provide evening instruction as part of her individualized education plan (IEP). After years of reduced instruction and denied accommodations, her family sued under the Individuals with Disabilities Education Act (IDEA) a law that guarantees students with disabilities a “free appropriate public education.” They won, and the court ordered the…Read More
In this article, you will discover: The difference between expunging and sealing a criminal record The process for having your record expunged or sealed Your options if your expungement request is denied Expunging Vs. Sealing A Criminal Record The processes for expunging or sealing criminal records are similar. However, there are some differences. When you are arrested and charged with a crime, your case is viewable by the general public. Anyone can go to a clerk’s office or visit a court website and access it. However, once the case has been expunged or sealed, the files are inaccessible, and your case won’t show up in online searches or background checks. Expunging a criminal record is the process of removing it from the public record and destroying it so it's no longer viewable. The physical files are destroyed by shredding or incineration, and digital copies are deleted. Sealed criminal records, on…Read More
In this article, you can discover… The application of self-defense when you’re facing criminal charges. The role of victim credibility in criminal charges. How your mental health can impact the circumstance and outcome of your case. How Can Self-Defense Be Used As A Defense In A Violent Crime Case In Florida? Often, the claim of self-defense is raised during trial. In this scenario, your attorney makes a case for self-defense, and a jury agrees that while you may have used violence against someone, this violence was justified because you were trying to protect yourself from harm. If you had a legitimate fear that the other person was using violence or was about to use violence against you and that you would be harmed if you did not act first, you could use an argument of self-defense. Another way to argue self-defense is through Florida’s “stand your ground” law. This means…Read More
In this article, you can discover… How theft, robbery, and burglary differ in Florida law. Differences in charges between crime types. The long-term consequences of a conviction, and how an attorney can help you. What Are The Legal Definitions Of Theft, Robbery And Burglary In Florida, And How Do They Differ? Theft is when you take something from someone (such as a bike or purse) without their permission. Robbery is when you take something from someone but use force to accomplish it. For example, if I were to take someone’s wallet from off a table where they’d placed it, this would be theft. But if I push someone to the ground, demand their wallet, and take it from them, that’s robbery. Burglary involves entering or remaining in a house or premises (such as a garage or office) without the owner’s permission with the intent to commit an offense (such as…Read More
In this article, you can discover… How property crimes, such as theft, are defined in Florida. The legal penalties for a theft conviction. Possible ways a theft conviction could impact your future. How Are Property Crimes Defined In Florida? A property crime is a crime that impacts the property or possessions of another person. While there are many different types of property crimes, among the most common is theft, where someone takes another person’s property without their permission. Other types of property crimes include criminal mischief, which involves damaging someone else’s property maliciously (or on purpose). Burglary, a more serious offense, involves breaking into someone’s property (such as their home, office, or garage) with the intent to commit an offense or to steal something. What Are The Legal Penalties For A Theft Conviction In Florida? The legal penalties for theft depend on the quantity or value of items that were…Read More
The criminal justice process can often feel confusing and overwhelming, especially if you’re not familiar with the legal system. Attorneys spend years developing the knowledge and experience necessary to effectively navigate this complex process. At the Law Office of Michael D. Barber, we understand how stressful facing criminal charges can be, and we are here to guide you every step of the way. If you're dealing with criminal charges, it’s essential to have a clear understanding of the defense process. Having the right attorney by your side ensures you’re informed and supported throughout. This guide is designed to help you break down key concepts, so you can better understand your rights and the legal process in Winter Park, Florida. Keep reading to learn more about… The differences between misdemeanors and felonies. The meaning of due process. What acquittal is, and what it could mean for your case What Is A…Read More
In this article, you can discover… What documentation is needed for an academic discipline hearing. The role of medical records in a disciplinary hearing. How to document verbal interactions with school staff. Why Is Documentation Crucial In School Academic Discipline Hearings? Documentation memorializes evidence and helps make it presentable during a hearing. For this reason, it’s important to ensure that all communication between yourself and the school board, teachers, and staff is done in writing; this helps create a paper trail and preserves this evidence for your education attorney to later review and use in your defense. Text messages and emails should be preserved, screenshotted, and saved. Make sure that your attorney receives every possible piece of documentation related to your child’s case, even if it seems trivial. This documentation can be used during a hearing, an appeal, or even a lawsuit, if necessary. What Types Of Documents Should Be…Read More
In this article, you can discover… How to protect your child’s rights during an academic discipline hearing. What to do if your child’s rights are violated. How to appeal an unfavorable decision from a hearing. How Can I Ensure My Child's Rights Are Protected During The Academic Discipline Hearing? Hire a seasoned legal representative. An ideal lawyer has been through this process before, knows what to expect, and can help you protect your child’s rights throughout each step of the process. You should also read up on your rights as a parent and seek out reliable online resources to better understand the law and how it applies to you and your child. You can find information about your rights at the Devoted To Justice website. However, online research is no substitution for consulting with an experienced education law attorney. What Can I Do If I Believe My Child's Rights Have…Read More
