Miami-Dade Considers Ending Jail Time for Minor Crimes Known as ‘Nuisance Laws’
On Oct. 10, the Miami Herald ran an article on an issue familiar to Miami-Dade criminal defense attorneys like us: the problems with Florida’s “nuisance laws.” As the article notes, Florida’s criminal code mandates jail time for a number of minor crimes, such as selling flowers by a roadside or being in a park after it closes. Law enforcement likes that these crimes are punishable with jail time. Police agencies argue that punishing minor crimes seriously helps prevent more serious crimes. However, the judges who handle these cases in the courtroom complain that they take time away from more important, serious cases and charges are usually dismissed. The Miami-Dade county commission is studying whether to decriminalize 18 infractions judges say fall into that category.
According to court data analyzed by the Herald, 52,560 people have been charged with these quality of life misdemeanors since 2005. Of these charges, 93% were dropped by prosecutors or dismissed by judges. Among those charged was Alex Marichal, a house painter from Miami who was pulled over in his work truck for the crime of not having a business sign on the side of the vehicle. The law was intended to stop criminals from posing as small businesspeople, but it sent Marichal to jail for a night. A judge dropped the charges once he proved that he was a legitimate businessman and had bought a sign. Miami-Dade Chief County Judge Samuel Slom told the county commission that these cases had no business in a criminal courtroom, and urged the commission to consider making the 18 offenses civil offenses, or criminal offenses not punishable with jail.
As Fort Lauderdale criminal defense lawyers, we strongly support this effort. As the article notes, sending law-abiding people to jail and the courtrooms for minor infractions like Marichal’s is not a good use of taxpayer money and resources. Just as importantly, it can also have dramatic negative effects on the lives of the people arrested. For a small businessperson, an arrest means not only an uncomfortable and humiliating night in jail, but the loss of money from missing work and possibly also from paying for a legal defense. For homeless people, who are frequently the targets of nuisance laws, an arrest could mean the loss of what few possessions and opportunities they have. If there is an outstanding bench warrant stemming from, say, too many traffic tickets, the situation could become even more complicated and expensive. And of course, nuisance laws give unscrupulous law enforcement officers an opportunity for racial profiling.
Balliro, Galasso, Leskovich & Seltzer is proud to defend clients accused of these “nuisance crimes,” in Miami and throughout the seven South Florida cities where we work. Our Fort Myers criminal defense attorneys defend charges from minor traffic and DUI/DWI offenses to serious crimes such as assault, child pornography or drug trafficking. We can also help people who need quick help with bail and release from prison, and expunge or dismiss the criminal records of people who are ready to put the past behind them. Our team of former district attorneys and public defenders has tried literally hundreds of cases to a verdict; we will never advise our clients to take a plea bargain unless we believe that’s truly the best option. And because we understand that criminal problems happen at all hours, not just from 9 to 5 on weekdays, we are available anytime clients and potential clients need us.
If you or a loved one is facing charges on any criminal matter in Florida, no matter how small or large, BGL&S can help. To learn more at a free, confidential consultation, please contact us online or call 1-866-ARRESTED from anywhere within Florida.
