Florida’s Hope Card Program Is Here, But You Are Still Innocent Until Proven Guilty

When politicians and party guests rant about the importance of being tough on crime, the part they miss is that an ounce of prevention is worth a pound of cure.  Lonely people in online discussion groups can think of an endless array of minor misdeeds to criminalize and harsh punishments to mete out in response.  It is obvious to everyone who has interacted with the criminal justice system, though, that the way to prevent horrific acts of violence is not to react to minor dust ups as if they were attempted murders.  Lawmakers in an increasing number of states have started to require police to document warning signs more thoroughly, to separate the minor dust ups from the disturbing signs of intent to commit increasingly severe acts of violence.  In other words, the state should be less judgmental and more judicious.  This month, several new laws regarding domestic violence went into effect in Florida, but none of them disturb your right to due process of law if you are accused of a crime.  If you are facing charges after a domestic violence-related arrest, contact a Tampa domestic violence lawyer.

Provisions of the Hope Card Act

On October 1, the Hope Card Act went into effect; this law is the result of a bipartisan initiative led by state senators from Tampa and Davie.  It implements a Hope Card program similar to the ones already in place in several other states.  Now, when someone requests a restraining order because of domestic violence, the court will issue the petitioner a hope card, which is a wallet-sized card with the name and address of the petitioner and the name of the respondent; this way, if there is a subsequent domestic violence call, the petitioner can just show the card to the police instead of having to find the court order.  The state will also keep an online database of hope cards.  This way, the police will know immediately whether there is a history of domestic violence between the couple or family members involved.  The cards will also enable courts to keep members of volatile relationships away from each other for longer periods.

Only a minority of domestic violence arrests result in criminal charges, and even fewer result in criminal convictions.  If your name is listed in the “respondent” space on your ex-spouse’s hope card, it does not always mean that you are guilty of the most recent incident for which your ex called the police on you.  You can only be accused of a specific crime, and in order for the jury to convict you, the prosecution must prove that your actions meet the definition of all the elements of the crime.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are facing criminal charges related to the most recent of several accusations of domestic violence.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

floridapolitics.com/archives/698098-action-speeding-hope-card-program-for-domestic-violence-survivors-to-begin-rollout/