In the State of Florida, the failure to obey a police officer’s order is seen as unlawful. This law largely applies to traffic-related offenses following a traffic stop, but it can extend to other offenses and circumstances also. The failure to obey the lawful order of a police officer offense is clearly outlined under Florida Statute 316.072. This crime occurs when a pedestrian, cyclist, or driver of a motor vehicle on the roads in Florida are given a lawful order or direction by a law enforcement officer, which they then fail to follow.
The term “police officer” includes deputy sheriffs, fire department members, state troopers, EMT responders, traffic crash investigation officers, rescue operation members, municipal police officers, and traffic infraction law enforcement officers.
If you have been caught or accused of failing to follow the lawful order or direction of a police officer in Fort Myers, you may be looking for some help from a reputable law firm. At The Law Place, we have a team of skilled criminal defense lawyers with a wealth of experience in helping our clients escape the worse penalties for their traffic-related offenses.
If you think you may have a case, contact us for a free consultation. A traffic defense lawyer will be able to examine your case to determine your best course of action and give you all the legal advice you may be looking for. Give us a phone call today at (941) 444-4444.
What Is Meant by “Lawful Order?”
There have been many debates over the years regarding what constitutes a lawful order from a police officer, for example, in the highly controversial Sandra Bland case in Waller County, Texas. In this case, Sandra Bland was pulled to a stop by a police officer for failing to signal. T
he police officer at the scene asked her to extinguish the cigarette she was smoking, and when she declined and failed to do so, the police officer ordered her out of her vehicle. Bland then refused to leave her vehicle.
The police officer at the scene repeatedly said, “I’m giving you a lawful order” throughout the encounter. However, there were questions raised about whether his orders were “lawful.” Courts not only in Texas but Florida, too, remain rather silent on what is actually meant by “lawful order” in the circumstances of a traffic stop.
Unfortunately, this means that there is still little understanding, agreement, or clear guidelines on what actually constitutes a “lawful order” by a police officer in Fort Myers. The vagueness of this law is one of the most common defenses that a traffic defense lawyer at The Law Place will use to defend their client who is facing charges for failing to follow the lawful order of a police officer in Fort Myers.
Penalties for Failure to Obey the Lawful Order of a Police Officer in Fort Myers
Many people in Fort Myers underestimate just how serious the consequences can be if a person is charged with failing to follow the lawful order of a police officer. The law in Florida outlines the offense of disobeying the lawful order of a police officer as a second-degree misdemeanor. A crime of this nature can result in an offender being punished with up to sixty days in a Florida county jail, six months of probation, and a fine of up to $500.
A judge in Fort Myers may sentence the person who is convicted of failing to follow a lawful order of a police officer to probation, but this isn’t always the case. The judge may also impose on the convicted person a statutory maximum sentence of sixty days in a Florida county jail.
The best thing that you can do if you are facing charges for disobeying a lawful order from a police officer in Fort Myers is to seek the legal help of a skilled and experienced traffic defense lawyer. A traffic defense lawyer at our law firm will be able to examine your case in a free consultation to establish what legal options are available to you.
A traffic defense lawyer at The Law Place will work incredibly hard to try and get your charges and/ or case dropped. You don’t have to accept your charges; we can fight them together. Don’t hesitate to contact us today. The sooner you do, the better.
What Are the Defenses That a Lawyer Can Use in Fort Myers?
A traffic defense lawyer at The Law Place will be able to use the standard pretrial defenses and trial defenses that can be used in any criminal case. In addition to these, there are also defenses that a lawyer can use specifically to challenge charges for disobeying the lawful order of a law enforcement officer. These defenses are protected speech, unlawful order, and the unknown status of a police officer in Fort Myers.
The words of a person alone will rarely, if ever, rise to and be classified as disobeying a lawful order of a police officer. Usually, the words of a person must be accompanied by violence and obstructive physical conduct to support a conviction for a failure to follow a lawful order of a law enforcement officer.
If you were stopped by police in Fort Myers and acted non-violently and cooperatively, a lawyer could use this in your defense. It is difficult to convict a peaceful and cooperative person of failing to follow a lawful order of a police officer.
In the State of Florida, it is completely legal for a person to disobey an unlawful order given to them by a police officer. A traffic defense lawyer can work on building your defense around the fact that the lawful order given to you by a police officer was, in fact, completely unlawful.
It is then the responsibility of the State of Florida to demonstrate that the order was, in fact, lawful. If the state is unable to gather the evidence to demonstrate that the order was lawful, it is likely that the case and charges will be dropped.
Officer’s Status Unknown
If you are accused of disobeying a lawful order of a police officer, you must have been given a legitimate reason to know that the officer at the scene was genuinely a law enforcement officer and not a random person impersonating a police officer.
If you have any suspicions over the identity of the police officer or are questioning their legality, contact The Law Place today. One of our lawyers will be able to conduct an investigation to examine whether the person who stopped you and gave you a lawful order was genuinely a police officer.
If a lawyer can discover that the person who gave you a lawful order was not a police officer, they will be able to use this in your defense and will likely be able to get both your case and charges dropped.
What Makes The Law Place Different From Other Florida Law Firms?
Our law firm collectively has over 75 years’ worth of combined experience. Our lawyers are constantly sharpening their advocacy skills in the courtroom and updating themselves on the law in Florida. We are proud to have handled cases in almost every county in Florida, in addition to various federal courts. Our lawyers are highly skilled and have incredibly positive client reviews.
Our lawyers have worked on all kinds of cases and are committed to all of our clients.
Fort Myers Failure to Obey Lawful Order Lawyer, FAQ
What role does a Fort Myers criminal defense lawyer play in a case of failure to obey a lawful order in Fort Myers?
A criminal defense lawyer in Fort Myers provides crucial representation in cases of failure to obey a lawful order. They can challenge the circumstances of the arrest, the legality of the order, and represent the accused in court, aiming to reduce or dismiss the charges.
What are the possible criminal charges for failing to obey a lawful order in Fort Myers?
The criminal charges for failing to obey a lawful order in Fort Myers vary based on the context of the offense. This criminal offense could lead to charges ranging from misdemeanors to felonies, depending on the severity of the situation and any accompanying offenses.
How can experienced legal representation benefit someone facing these charges in Fort Myers?
Experienced legal representation is crucial in Fort Myers for someone facing charges of failing to obey a lawful order. An experienced lawyer can navigate the complexities of the criminal justice system, negotiate plea deals, and provide a strong defense strategy.
Can failing to obey a lawful order lead to a felony conviction in Fort Myers?
Yes, failing to obey a lawful order can lead to a felony conviction in Fort Myers, especially if the incident involved other serious offenses or endangered public safety.
How are domestic violence charges handled in Fort Myers in conjunction with failure to obey a lawful order?
In Fort Myers, domestic violence charges combined with failure to obey a lawful order are treated seriously. An experienced lawyer can help navigate both charges, as this combination can complicate the legal situation and potentially lead to enhanced penalties.
What should I look for in an experienced lawyer for a failure to obey a lawful order case?
When looking for an experienced lawyer in Fort Myers, consider their track record in similar cases, their understanding of local laws, and their ability to negotiate effectively. An experienced attorney will have a deep understanding of how to handle complex legal scenarios, including plea deal negotiations.
Can a high blood alcohol level impact a case of failure to obey a lawful order in Fort Myers?
A high blood alcohol level can significantly impact a case of failure to obey a lawful order in Fort Myers. It may provide context to the individual’s behavior and can be a mitigating or aggravating factor in the case.
Are federal charges possible in Fort Myers for failure to obey a lawful order?
Federal charges are possible in Fort Myers for failure to obey a lawful order, especially if the incident involved federal law enforcement officers or occurred on federal property. The involvement of federal charges often results in more severe penalties and a more complex legal process.
Contact The Criminal Defense Lawyers From The Law Place in Fort Myers, FL Today!
If you or someone you know has been charged with a failure to follow the lawful order of a police officer in Fort Myers, you must seek the help of a reputable and skilled criminal defense attorney today. The sooner that a criminal defense attorney from The Law Place can begin work on your case, the greater the chance you have of getting your charges and case dropped.
We have helped countless clients escape the worse penalties for traffic-related offenses, and we can help you to. Our positive client reviews are a testament to our work. Our defense lawyers work incredibly hard to try and achieve the best outcomes for their clients. An attorney-client relationship at The Law Place is one of immense commitment and confidentiality.
If you think that you may have a case, don’t hesitate to contact us today. We can offer you a free case evaluation with one of our lawyers who will be able to give you honest and unbiased legal advice, as well as answering any questions that you may have. You shouldn’t have to suffer long-term consequences because of a little mistake.
We are available 24 hours a day, seven days a week, to listen to your call. Contact us now at (941) 444-4444.