Thank you for asking me “How do I use SYG as a Defense to Prosecution?”
Stand Your Ground (SYG) is a pretrial motion that seeks a Court Order granting you absolute immunity from criminal prosecution.
When you use SYG you basically say to the Court: “I should not have been arrested because I was lawfully defending myself at the time.”
So how do you use it?
First, you shouldn’t have to use it, but this assumes that the cops will do their job and conduct a thorough investigation, applying the SYG law to your facts. Unfortunately the cops don’t always conduct a proper investigation, even when they do sometimes they still get it wrong and then other times they’ll make an arrest just to punt the matter over to the State Attorney… meanwhile you’ve been arrested, booked, and charged with murder.
If you were arrested but you reasonably believe that you were acting in self-defense – or in defense of others or of property – then your lawyer can make a motion to the Court seeking statutory immunity pursuant to F.S. 776.032(1).
The Motion needs to set forth facts alleging that you properly stood your ground and used force deemed to be reasonable under the circumstances.
A SYG Immunity Motion can be filed anytime after arrest and, once filed, the Court must conduct an evidentiary hearing. If the State fails to prove that you did not act reasonably in defending yourself then the Court grants you immunity from prosecution, effectively telling the State that their case is dead because your actions were lawful and you did not commit a crime.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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