What to do when you’re served with an injunction

An injunction is Florida’s version of a restraining order. When someone asks a court to issue an injunction keeping you away from them, the Court will immediately grant a “temporary injunction” until there is a full hearing to determine if there should be a permanent one. Temporary injunctions are just as powerful as permanent injunctions, and violating the terms of that injunction can have serious consequences. If you are given an injunction ordering you to have no contact with someone, you may feel hurt, betrayed, angry, worried, or outraged. At this point, you have many legal options: you can consult an attorney to determine if you want to get your own injunction against that person, you can hire an attorney to represent you at the pending injunction hearing, or you can simply agree that a permanent injunction should go in place against you. The one option you absolutely do not have: contact the other person in an attempt to work it out. Emails, text messages, even comments and messages on networking sites like facebook and myspace can amount to a violation of an injunction. Over the past few years, I have seen the law adapt to our recent technological advances, and if you think that an injunction doesn’t forbid these types of contact, you’re wrong. I have seen people go to jail over simple friend requests. However, if you do find yourself in the position of having made some sort of contact despite an injunction, you need representation. There are criminal penalties associated with this type of action, including fines, probation, and even up to a year in jail. The penalties that enforce injunctions are tough, and judges typically do not look kindly upon those who, in their opinion, ignore a lawful order. The injunction process is technical and has very strict legal standards. Whether you’re seeking one against someone, trying to understand why one was issued against you, or simply trying to prevent one from being ordered, it never hurts to have an experienced attorney on your side. Visit my website at www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.

Minimum Mandatories

In response to rising violent crimes involving guns and large amounts of weapons, the Florida legislature enacted a series of statutes that require mandatory prison terms without the possibility of gain time. These types of sentences are commonly known as mandatory minimums. Mandatory minimums are very tough sentences, and I believe they are unconstitutional.

In school, we are taught that our government runs on a principal of checks and balances, meaning that separate branches of the government decide different aspects of the law, thus limiting the power that any one branch holds. The Executive, Judicial, and Legislative branches all work separately to decide everything from criminal justice to taxes. But what happens when one branch oversteps their bounds and limits another branch’s ability to do its job?

Minimum mandatories are a prime example of this. Judicial discretion is the cornerstone of our criminal justice system. Judges are elected by the people to make wise, informed decisions. Under the Florida Constitution, judges have sweeping authority to decide the appropriate sentence in criminal cases. This is one way that the Judicial Branch of government checks the Executive Branch, by ensuring that, no matter what charges are filed, a fair and justice sentence is determined.

The Florida Legislature has apparently decided that the judges of Florida are not wise enough to exercise this discretion. By enacting minimum mandatories, the Legislature has usurped a portion of the Judiciary’s authority. The job of the Legislature is to determine what acts are illegal. The job of the Judiciary is to determine what the punishment for those acts are. It’s that simple.

Minimum mandatories have been created for many crimes, including crimes involving drugs and firearms. If you are facing such a penalty, call me at (904)350-9333 or visit my website for a free consultation. With so much at stake, you need an experienced criminal defense attorney at your side.

A testimonial from one of our clients

One of my clients gave me this statement a short time ago and, with his permission, I felt it would make an excellent blog.

[EDIT: 12/8/09. Due to a recent decision by the Florida Supreme Court regarding attorney advertisements and websites, I do not feel I am ethically permitted to post a testimonial on any webiste affiliated with my practice.  I encourage those seeking representation to ask around for an attorney wtih a good reputation.]

Regards,

Robert Shafer

Weekend Arrests

Never a lawyer around when you need one? Many people think the justice system stops working on weekends. It doesn’t.

If you are arrested in Florida, you will be brought before a judge within twenty-four hours. It’s the law. If you are arrested on a Friday night, you will be in front of a judge on a Saturday.  Yes, judges, prosecutors, and defense attorneys work on weekends.

Arrests don’t always happen during business hours. In fact, in my experience, the times that most people are arrested are the times when it is hardest to find a lawyer to represent you. Many people find it difficult to contact an attorney on the weekends to represent them in a first appearance, or bond hearing. Often times people get answering machines or simply no answer at all when they reach out to an attorney in the time of their greatest need. At Shafer & Associates, we are available 24/7 to appear on your behalf. While our office is typically closed on the weekends, we make ourselves available to our answering service so that if you leave a message with our receptionist, we will be contacted promptly and advised if you need representation.

Just because bad things happen on a weekend doesn’t mean you have to face them alone.  If you need us, call us at (904)350-9333.  We’ll be there for you.

Regards,

Robert Shafer, Esq.