The Stand Your Ground Law has made national and local headlines. It is commonly known that the law provides the right to self-defense, but since the spotlight was turned routinely accessing court records in criminal cases where the defense was raised. Efforts to allow defendants who successfully use the defense to seal their records is up for debate by legislators. As with any hot button issue, there are pros and cons and advocates for positions on both sides of the issue. Our job at Ferraro Law Group is to stay on top of the law, its changes, and how new developments affect our clients.
A recent news story explains some of the advantages and pitfalls of changing the way the Stand Your Ground law works:
● Limiting media access to Court records may result in less media frenzy when high profile cases come to trial, or it may cause a lack of information vital to public safety.
● Allowing records to be expunged gives an accused a fresh start; a certain advantage to possible amendments, but may also be overused and cause confusion to the Courts.
To fully understand changes to the law, it is first necessary to understand the requirements for using the defense. The facts of your case must show that you used deadly force in response to a fear of grave bodily harm or death. Also, the person posing the threat to you must be attempting to unlawfully enter a dwelling or car. Once these facts are clear, it becomes less clear as to how media involvement is harmful. Proposed amendments to the law find their roots in the basic right to privacy. Our attorneys are carefully watching legal developments in this area, and remain committed to providing you high quality legal advice. We believe in your right to privacy, and to using the rules of law in the most beneficial way to your case and future.
If you are charged with a crime where you actions were in self-defense, call an attorney knowledgeable about the stand your ground law. Experienced criminal defense attorneys in Stuart and the Treasure Coast are here to help. Call today to schedule a free initial consultation.