Thank you for asking me “What happens at a Stand Your Ground / SYG Hearing?”
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 Hearing is essentially a trial before the trial and without a Jury. If you win then the case is over and if you lose then you lose nothing, because you can still use a stand your ground defense at trial in front of a jury, and you are now armed with sworn testimony from the SYG hearing. In this light a loss is almost like a rehearsal because there is no prejudice to you and it only serves to prepare the defense for trial.
At the hearing both sides will call witnesses and present evidence to the Judge. Witnesses will be eye-witnesses, people with first-hand knowledge of the event or people who have something relevant to offer as testimonial evidence. Physical evidence may also be introduced by either side, and a prepared defense team will attempt to show the Court that you acted reasonably by using whatever may exist or be responsibly recreated in your case. For example, sometimes we can have an investigator re-create the conditions as they were just before your arrest.
At the close of the evidence the Judge will make a ruling and determine if your actions were lawful under SYG. If the Court finds that the State failed to prove that your actions were not reasonable under SYG then the Court will grant 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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