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FL: 8 in 10 Collier, Lee residents fighting to keep their guns under Florida�s red flag law had no lawyer to defend them
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

There are 3 comments on this story
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Most Southwest Florida residents ordered to court under a new Florida law that allows authorities to take their guns will be standing alone without a lawyer.

About 80 percent of Collier and Lee county residents who have been named in risk protection order cases have faced the judge alone, the Naples Daily News and The News-Press found after analyzing all of the region�s cases through October.

That means people defending their Second Amendment gun rights who often lack even a basic understanding of courtroom procedures are almost always going up against trained city or county lawyers.

Comment by: PHORTO (12/12/2019)

Any civil action the consequences of which impose a penalty indistinguishable from that of a criminal conviction MUST include full 4th, 5th, 6th and 14th Amendment protections.

This is particularly true of ex parte judicial acts. Regarding the suspension of liberty or property, the respondent MUST be permitted an adversarial hearing, i.e. an opportunity to face accusers, cross-examine witnesses and present witnesses and evidence in their own behalf. This must happen before any rights are suspended or related property is seized.

ERPO allegations can establish reasonable suspicion, but not probable cause. That doesn't meet the burden necessary for a seizure warrant.

These things are so obvious that they should need no debate.

Comment by: jac (12/12/2019)

My experience in small claims court is that the judge will always rule in favor of the side represented by a lawyer, no matter how compelling your case. I have represented myself against other drivers and in one case my township government where the dollar amount was not worth paying an attorney. The other side came in with an attorney (paid for by the insurance company or taxpayers) and I lost every time. Even when the other party clearly was in violation of the motor vehicle code and caused the accident.

It is an old boy's network and you don't stand a chance.

Comment by: jac (12/12/2019)

"Of the 13 cases where the defendants had a lawyer, judges approved 12 risk protection orders, or about 92%.

"By comparison, of the 53 cases where the defendants didn�t have a lawyer, judges approved 47, or roughly 89%."

This system is rigged against law abiding citizens. You don't have a chance.