Compared to other states Florida does not have overly strict gun laws. It is not extremely difficult or expensive to obtain a concealed carry permit for those that qualify, and it is generally not a crime to transport a concealed firearm in a private vehicle. Florida law allows drivers to keep a gun in the car as long as it is securely encased and not readily accessible for immediate use. The law also is written to be liberally interpreted, which means borderline situations are not to be viewed as violating the law. On the other hand, the laws pertaining to carrying a concealed firearm are strict and provide harsh penalties for violations. This charge must be taken seriously, and there is no reason to gamble with your freedom by not hiring a lawyer. Benjamin Herbst is an experienced South Florida criminal defense lawyer who specializes in carrying a concealed firearm charges. He has successfully defended hundreds of defendants facing gun charges all over the state, and is available to his clients on his cell phone 7 days a week including nights. Benjamin not only fights tooth and nail for his clients, but he also keeps them informed and updated each step of the way. Contact Benjamin at (954) 543-0305 a learn how he can fight to have your charges dropped or reduced and keep your record clean.
Carrying a concealed firearm is classified as a third-degree felony under Florida law, and it carries a 5-year maximum penalty. The firearm does not have to have been used or brandished to trigger this charge, which makes it one of the strictest concealed weapon charges around. In some states it is perfectly legal for a person to carry gun without a permit (provided they are not excluded by prior convictions), but not in Florida. Open carry and concealed carry are both illegal in Florida without a permit. Concealed carry is defined as carrying out of the ordinary sight of another person. Open carrying of a firearm is a second-degree misdemeanor and is usually associated with traffic stops when a police officer can view a firearm in plain sight upon approaching the car. In less common scenarios the defendant has a gun showing from his or her waistband. Carrying a concealed firearm usually occurs when a person is carrying a gun in his or her waistband, pocket, backpack or other type of bag. While it may help down the road in court, the gun does not have to be loaded for this charge to be filed. State prosecutors take this charge seriously, which makes retaining the right lawyer for carrying a concealed firearm charge extremely important. Benjamin has the knowledge and the dedication to take on the government in all South Florida jurisdictions and along the Treasure Coast. He has extensive experience and contacts in Miami-Dade, Broward and Palm Beach Counties and is happy to meet at any of his Tri-County locations including Fort Lauderdale and West Palm. Benjamin will also travel to the Stuart and Port St. Lucie area to meet at a convenient location to discuss the case.
An experienced South Florida gun lawyer will be able to explain all the possible defenses that may be available in concealed carry cases, and may be able to have the charges dismissed before trial. A large number of defendants are arrested for carrying a concealed firearm after police execute an illegal search, and if this occurs Benjamin will file the appropriate motion to suppress evidence. Police are not allowed to detain or pat down an individual without reasonable suspicion that a crime may have had occurred, and police cannot perform a search absent probable cause. Too often police officers will detain an individual before reasonable suspicion or probable cause is established. This type of search and detention is illegal, and Benjamin will fight back against the state prosecutors to assure the evidence is suppressed. Benjamin has won numerous motions to suppress in South Florida and is ready to take on law enforcement in your case. Call (954) 543-0305 anytime to discuss how you can fight back against the government.