Florida legislators propose no contact order for any criminal accusation

TALLAHASSEE, Fla. - Feb. 23, 2015 - PRLog -- The Florida Legislature, currently in session in Tallahassee, is considering a bill that would place an automatic no contact order as a condition of pretrial release on any person accused of an offense. The order would be similar to one in a domestic violence case, but would apply to any crime.

Tallahassee domestic violence lawyer Don Pumphrey said that the proposed law would have a broad effect and cause significant difficulty for people merely accused of a crime.

“As someone who represents people accused of domestic violence offenses, I see how many challenges they present for a person accused of those types of crimes,” Pumphrey said. “If this bill passes, it will cause headaches for many, many more people.”

Senate Bill 342, by Sen. David Simmons, would amend Fla. Stat. Ann. Sec. 903.047 to place a no contact order immediately upon a person accused of any crime in order for that person to be able to eligible for pre-trial release. Pre-trial release is when a person accused of a crime pays bail and is released pending trial.

The law currently requires a person on pre-trial release to refrain from any contact with the alleged victim, as well as refrain from any other criminal activity and follow any additional requirements set by the judge in the case.

The no contact order would prohibit the accused from:

·         - Communicating in any way, written or verbally, by telephone, email, text or any other manner;

·         - Having any physical or violent contact with the victim or his or her property;

·         - Coming within 500 feet of the victim’s residence, vehicle, place of employment or any other place that the victim frequents.

The bill passed the Senate Judiciary Committee unanimously, and has been referred to the Criminal Justice Committee. It must pass in both houses of the Legislature and be signed by the governor to become effective.

If the bill passes, the no contact order will become an automatic part of pre-trial release, meaning there will not be an opportunity for an attorney to contest the protective order. The order could place a stronger incentive on disposing of the criminal matter as quickly as possible, Pumphrey said.

“An attorney will work as rapidly as possible to get charges reduced or dismissed,” Pumphrey said.

Don Pumphrey, of Pumphrey & Prince, is a Tallahassee criminal defense lawyer who represents people accused of domestic violence, violent crimes, DUI, drug charges and other offenses.

Visit http://www.donpumphrey.com/criminal-defense/domestic-viol... for more information.