Florida Criminal Law Myths Debunked

Описание: Myth #1: An Arrest Means You’re Guilty”
Myth: Arrest = Conviction”

Under the U.S. Constitution, Fifth and Sixth Amendments, and the Florida Constitution, Article I, Section 9, you have the right to due process. A conviction only occurs after a plea—voluntarily entered—or after a trial where the State must prove guilt beyond a reasonable doubt.

Being arrested is merely the beginning of a criminal process—not the end. You still have rights, and we’re here to defend them every step of the way."



Myth #2: Refusing a Breath Test Means You Can’t Be Convicted of DUI”
Myth: Refuse Breath Test = No DUI Conviction”


"Many people think refusing a breath test means you can't be found guilty of DUI. That’s simply false.

Under Florida Statutes § 316.193, a person can be convicted of DUI if they are in actual physical control of a vehicle and are either:

Under the influence of alcoholic beverages or controlled substances to the extent that normal faculties are impaired,
OR

Have a blood or breath alcohol level of 0.08 or higher.

So, even if you refuse a breath test—which, by the way, can result in a license suspension under § 316.1932—the State can still use officer observations, field sobriety tests, bodycam footage, or other evidence to show impairment.

Refusing to blow doesn’t end the case—it can complicate it."



Myth #3: Stand Your Ground Means You Can Always Use Deadly Force”
“Myth: Stand Your Ground = Unlimited Use of Force”


"‘Stand Your Ground’ is one of Florida’s most misunderstood laws. People assume it gives a blanket license to use deadly force in any confrontation. Not true.

Under Florida Statutes § 776.012 and § 776.013, you can only use deadly force if you reasonably believe such force is necessary to prevent imminent death or great bodily harm to yourself or another, or to prevent a forcible felony.

Even then, the use of force must be proportional to the threat.

While you don’t have a duty to retreat under these statutes, the law still requires that your belief in the threat be objectively reasonable. Misusing this law could lead to criminal prosecution. That’s why you need experienced legal guidance before making assumptions."


“Myth: You Have to Talk to Police”

"This is critical: You are never required to answer police questions without a lawyer present.

Under the Fifth Amendment to the U.S. Constitution, and Article I, Section 9 of the Florida Constitution, you have the right to remain silent. You also have the right to an attorney under the Sixth Amendment and Florida Constitution, Article I, Section 16.

If law enforcement tries to question you, you can—and should—say:
‘I am invoking my right to remain silent, and I want to speak to a lawyer.’

Remember: Anything you say can and will be used against you in court. Don’t give the State evidence to use against you—assert your rights immediately."

"Misinformation leads to mistakes. And mistakes can cost you your freedom, your record, and your future. Whether you’re facing charges or just trying to understand your rights, we’re here to give you accurate answers—not myths.

Contact Landsman Law today if you need help.