Several critical rights are stripped from a person once they have been convicted of a felony. In particular, Florida law states that the person is barred from voting, owning a gun, serving on a jury or holding public office until restoration of those rights. While these measures may seem fair to others, not all criminals should carry the constraints of a convicted criminal their entire lives through. Needless to say, for some of these individuals, a change of heart occurs which is both genuine and permanent. In those situations:
Florida Law Regarding Executive Clemency
The process whereby such rights are restored is known as “executive clemency.” In accordance with Florida law, a knowledgeable Broward Criminal Defense Lawyer will tell you that you need to satisfy the following three criteria to have your rights restored if you have previously committed a felony:
1) Receiving a full pardon from the “board of pardons”
2) Completion of the maximum term of sentencing for the felony in question.
3) Granting of final release by the Parole Commission.
Sounds simple, doesn’t it? Unfortunately that isn’t quite true. A Fort Lauderdale criminal defense lawyer will need to help overcome some significant technicalities to ensure time-efficiency. If you need to cut the resulting waiting period short, we highly recommend that you contact our Fort Lauderdale criminal law firm as soon as possible.
Granting of executive clemency without a hearing occurs for less serious crimes, in which situation the citizen must be shown to be free of crime or arrest for a period of five years. Executive clemency with a hearing is for more serious types of crimes and will require the citizen to abstain from criminal activity or arrest for 5 to 7 years.
After this period has been successfully completed and the court has received the certified court documents regarding each conviction, the executive clemency board begins its review of the case. It is at this stage that a Broward criminal defense attorney is especially vital.
The board will take into account such details as the person’s employment history and letters for and against the decision. If you’re faced with challenges regarding these documents, it’s best to call a Broward criminal defense lawyer at our firm today. A proficient Fort Lauderdale criminal defense lawyer can make this process much easier for the defendant attempting to regain their rights.
We handle a variety of criminal law cases, so call us now if you have any questions, (954) 256-1464.
View more contact information here: Broward Criminal Defense Lawyer.