On August 29, 2019, the State Attorney’s Office filed a “notice of case status – letter of release” that indicated that “[a]fter completing our investigation, and applying the applicable case law, the State Attorney’s Office has elected not to file criminal charges at this time.” The client was originally arrested for the second-degree felony offense of “carrying a concealed weapon as a convicted felon” at the airport. The client’s family retained us just a few days and the arrest. We requested the surveillance video from the incident from the Hillsborough County Aviation Authority. We also provided extensive information to the State Attorney’s Office showing all of the reasons why our client didn’t know that a weapon was located in his carry on luggage. So that the State Attorney’s Office could complete a more thorough pre-file investigation, we filed a written waiver of speedy trial. Ultimately, the State decided not to file any charges after taking more than 10 weeks to make a filing decision.

In October of 2021, The Honorable Michelle Pincket, Circuit Court Judge in Polk County, FL, denied a Petition for a Final Risk Protection Order requested by the Winter Haven Police Department. The Court considered the petition, testimony of two witnesses, record, and applicable law. In the order, the Court noted that it “does not find by clear and convincing evidence that the Respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition.”

On January 31, 2022, the Court entered an order denying HCSO’s petition for a Risk Protection Oder on the day of the scheduled final hearing. In this case, the Hillsborough County Sheriff’s Office (HCSO) actually agreed to dismiss the petition after our client submitted to a private risk assessment finding that he was not dangerous. We also argued that many of the facts alleged in the petition by his ex-wife were false or greatly exaggerated.

Our client was charged with Improper Exhibition of a Firearm. On September 20, 2022, we took this case to jury trial and successfully held the State of Florida to its burden when the jury returned a Not Guilty Verdict in favor of our client.

Court Dismisses RPO Filed by Pinellas County Sheriff’s Office – On June 6, 2022, a Circuit Judge in Pinellas County denied the petition for a Risk Protection Order filed by the Pinellas County Sheriff’s Office after an evidentiary hearing with witness testimony on June 3, 2022.

Judge in Hillsborough County Vacates the Final RPO after Hearing with Witnesses – In January of 2023, The Honorable Denise Pomponio, in Hillsborough County, FL, vacated a Petition for a Final Risk Protection Order requested by the Hillsborough County Sherriff’s Office. Judge Pomponio determined that our client did not pose a significant danger to themselves or others by possessing a firearm.

On January 30, 2023, after hearing testimony from our Mental Health Expert, the Sherriff’s Office Attorney agreed we had established substantial evidence that our client did not pose a significant danger to themselves or others by possessing a firearm. The Final Risk Protection Order was dismissed.

Our client was subjected to the Marchman Act over 20 years ago when he was a juvenile for smoking marijuana. Agreeing to treatment in the Marchman Act process caused a firearm disability, meaning he could not own or possess a firearm. We filed a motion with the courts to remove the firearm disability. We helped our client get an evaluation by a doctor specializing in risk assessments. The doctor found that our client was not abusing substances and presented no risk to others. On January 20, 2023, the Judge granted our motion, allowing our client to regain his 2nd Amendment right.

An attorney with a law enforcement agency in Pasco County filed a Risk Protection Order against our client in an attempt to remove any firearms from her possession for a period of one year. Our client was evaluated by a specialized doctor in this area who determined she was of no risk to herself or anyone else. We provided that evidence to the agency attorney along with other information. On August 4, 2022, we successfully convinced the agency’s attorney to drop the Risk Protection Order allowing our client to regain her 2nd Amendment rights.

The Sheriff’s Office filed a Risk Protection Order (RPO) against our client. After having our client undergo a risk assessment by a doctor, who determined he posed no threat, we presented this evidence at the hearing. The court found insufficient evidence to grant the RPO, dismissing it in favor of our client.

Our client’s concealed carry permit was denied due to previous charges. We obtained certified copies of his convictions and submitted correspondence to the Department of Agriculture, clarifying the nature of his record. As a result, the client was issued his permit.