State Representative Cord Byrd has introduced a bill that would allow convicted felons to seek to have their civil rights restored. This includes voting and gun rights. However, the petitioners must have completed their prison and probation sentences. This move comes after other states, such as Virginia, have already moved to restore voting rights to convicted felons. Nonetheless, if you are facing felony charges in Florida, you should engage the services of an experienced criminal defense attorney.
Felony Convictions and Civil Rights
Under Florida law, convicted felons have their civil rights revoked. In addition, they forfeit the right to serve on a jury or to run for public office. The proposed bill would allow these individuals to petition the courts to restore some of those rights. However, state attorneys would have the power to oppose those petitions.
In short, judges must find that petitioners have led law-abiding lives since their release from prison and completion of probation. Judges must also determine that these individuals are likely to continue obeying the law and are not likely to endanger the public. Finally, restoring their rights must not be contrary to the public interest.
It is important to note that Judges cannot restore voting rights or the right to the serve on a jury. The Florida Constitution bars anyone convicted of a felony from voting, and the power to restore those rights is reserved for the governor. However, other rights, including the right to own and carry firearms, could be restored by judges.
For his part, Rep. Byrd said that his bill is not designed to give violent felons the opportunity to get a gun.
“That’s not going to happen”, he said. “I can’t imagine a judge granting them their rights. This is for that person who has made a mistake once in their life.”
Meanwhile, the Florida Constitution Revision Commission is considering constitutional amendments that would automatically restore the voting rights of convicted felons. This blog has previously covered this matter (here).
The Takeaway
Currently, about 1.5 million people in the state of Florida are unable to vote because of felony convictions. Whether the proposed bill will gain traction in the state legislature remains to be seen. It is also possible that the Revision Commission may move more quickly. In the meantime, if you have been charged with a felony, an experienced criminal defense attorney can best protect your rights.
Whether you are facing state or federal charges, Herman Law, P.A. is here to defend you! Attorney Herman has 17 years of experience and has handled over 150 jury trials over the course of his career. Call our office or complete the contact form on our website to set up a consultation.