It is All About the Money…
Our office has written several articles on how the 2008 economic down turn and recession have impacted the direction of Florida’s criminal justice system. In addition to the examples raised in the “related links” section below, there have been numerous other creative efforts by our lawmakers to cut criminal justice related costs and increase revenues at the expense of the public.
Our earlier blog articles revealed how the layoff of local police officers, discontinuation of special DUI squads and discontinuation of DUI checkpoints resulted in a corresponding 50% slash in the number of Pinellas County DUI arrests. You also learned how Florida lawmakers sought to save money by cutting juvenile arrests. About the the same time, the Pinellas County Sheriff’s Department was forced to cut their own costs by closing parts of the county jail and administratively releasing adult inmates on R.O.R. Despite the proliferation of prescription drug arrests and a record number of deaths caused by pill overdose, that same agency had to implement a 2011-2012 short-sighted budget associated with their narcotics division. Both the Pinellas County Clerk and Public Defender’s Office joined in the fray by cutting their hours of operation, while the Probation Department was forced to permanently close their Clearwater office location.
In a desire to raise more revenue, speeding fines were increased so dramatically that many motorists were forced to accept a “non-compliance” drivers license suspension in lieu of paying their ticket infraction obligations. The “Move Over” law was enacted which enabled the implementation of phony sting operations. Not to forget that our local municipalities have been “ringing the register” ever since they created an entirely new revenue source… the red light camera.
“Civil Infractions” In Lieu of Arrest for Misdemeanor Offenses
In January, the Florida Legislature Proposed Decriminalizing Suspended Drivers License Offenses and Substituting Hefty Civil Penalties Along With Vehicle Forfeiture. Now, they are looking to a new program that would enable first time adult misdemeanor offenders to receive a “civil infraction” instead of being arrested and charged with a non-violent criminal offense. Leon County (Tallahassee) has already started a pilot program that allows their police officers the discretion to issue a non-criminal “civil” infraction to a first time offender, rather than formally arresting them for a misdemeanor criminal offense.
How The Adult Civil Citation Program Works
The Florida Smart Justice Alliance has been successful in convincing law enforcement in Tallahassee to begin a new pilot program that is designed to dramatically reduce the number of first time offender adults who would otherwise be arrested and charged with non-violent misdemeanor offenses. News media outlets say that if this same program were to be implemented statewide, it could result in a savings to the legislature of “hundreds of millions of dollars.”
In Pinellas County if a law enforcement officer observes a misdemeanor offense to occur, he has only two choices:
1.) Simply let the person go, or;
2.) Formally charge or arrest the individual for the criminal offense.
If the police officer elects to enforce the law, he sets into motion the “wheels of the criminal justice system”and all of the expense that decision will incur. The individual is often transported to the county jail, where he will be is under guard by members of the Pinellas County Sheriff’s Department. The taxpayers must also endure the expense of housing and feeding the inmate. But that is just the beginning. Consider the subsequent expense associated with the necessary involvement of the following additional agencies as the criminal case slowly proceeds through the court system: (Clerk of Court, Court Administrator’s Office, Pre-Trial Services, Digital Court Reporting Service, State Attorney’s Office, The Florida Department of Law Enforcement, Probation Officials, and sometimes the Office of the Public Defender.)
Under the new “Adult Civil Citation Pilot Program” in Leon County, the law enforcement officer has a third option. If the law violator is a first time offender who has committed a non-violent misdemeanor offense, the police officer has the discretion to simply write him a “civil” citation. It is important to recognize that under this scenario, the individual would not be arrested. Nor would his interaction with law enforcement be construed as the “equivalent” of an arrest. In fact, the accused would not be charged with, nor face prosecution for any type of criminal offense.
When a police officer in Leon County elects to employ the use of an “Adult Civil Citation,” he sidesteps the entire criminal justice system and all of the tax payer expense that entails. He also does the law violator an incredible service. That is because someone who receives an Adult Civil Citation:
A.) Will have no record of arrest;
B.) Will not be subject to having a “mug shot” taken and made public;
C.) Will be spared the stigma that an arrest can have on educational pursuits, financial aid, entrance in the military, employment and licensing.
The Florida Legislature’s True Colors:
Proponents of the program suggest that the motivation behind this program is to assist the wrongdoer in “avoiding the stigma of arrest.” They argue that it is simply “the right things to do.” Excuse my skepticism, but Florida politicians have long relied on a “get tough on crime” approach to getting re-elected. Consider that most, if not all of their legislation has been geared to a variety of methods designed to increase the severity of punishment:
- The abolishment in Florida of the entire parole system;
- Imposing a law that mandates inmates serve no less than 85% of their incarcerative sentence;
- Requiring from three to twenty-five year minimum mandatory prison sentences for simply possessing “trafficking” quantities of controlled substances;
- Re-classifying many misdemeanors as felony offenses, in the event of a repeat arrest (For example, contracting without a license, peitit theft, battery, solicitation for prostitution, driving on a suspended license, DUI);
- Enhancing former misdemeanor offenses to a new felony status, (For example, Fleeing to Allude, Stalking, Video Voyeurism, Domestic Battery by Strangulation);
- Creation of the Florida Criminal Punishment Code which removed sentencing discretion from the judges and often resulted in forcing the imposition of harsher sentences;
- Increased mandatory fines and at times, the required imposition of special surcharges on certain offenses. (For example, battery, prostitution and DUI)
- Imposed mandatory conditions of probation for select offenses. (For example, 26 weeks of counseling in all domestic battery cases, mandatory drivers license suspensions for any drug conviction, the impoundment or imobilization of vehicles after a DUI conviction, a mandatory minimum drivers license suspension for anyone convicted of racing on the highway, a significant and unreasonable increase the mandatory fine associated with speeding tickets.)
- Removing the court’s discretion to withhold formal adjudication of guilt for first time offenders for such offenses as DUI, Fleeing to Allude and all first and second degree felony offenses;
- Lowering the breath alcohol level on DUI’s from a .20 to a .15 that carry a mandatory enhancement of fines;
-The creation of an entire new body of punitive law associated with domestic battery offenses which includes a provision that anyone arrested for this offense be held in the county jail on a “no bond” status;
Who are They Trying to Kid?
As is abundantly clear, the track record of the Florida legislature is not one of compassion. Nor does their record of legislation support efforts directed toward rehabilitation. Yet, we are to believe that by implementing a program that gives law violators a “second chance,” our lawmakers have had a sudden “change of heart.” We are told that their efforts to reduce the number of individuals arrested for misdemeanor offenses is well intentioned.
Twelve states in our country have already decriminalized the possession of marijuana. (Offenders are typically required to pay a fine in connection with a civil infraction.) Two states have recently taken it a step further by outright legalizing small quantities of the drug. Eighteen states have passed medical marijuana laws. These states have made no secret of the fact that their legislation is financially motivated. See New York Times article: Struggling Cities Turn to a Crop for Cash
So who is Florida trying to kid? Although I would welcome the decriminalization of many misdemeanor offenses in Florida, let’s face it, the new “Adult Civil Citation Program” can only be attributed to an eagerness on our legislature’s part to save a very substantial amount of money. Bottom line… Its all about the money.
Adult Civil Citation Program in Pinellas County?
On December 3rd, 2012 Pinellas/Pasco State Attorney Bernie McCabe was asked about his feelings on the Adult Civil Citation Program by the Tampa Bay Times. McCabe said he was unfamiliar with program, but went on to make comments that suggested he wasn’t exactly enamored with the adult civil citation effort. But, give it some time and I believe that continued money problems within our local and state governments could redefine what constitutes a criminal offense throughout our entire state.
Until then, first time offenders need to consider the benefits afforded by participation in drug court, a withholding of adjudication and the Pre-trial Intervention Program. Many individuals who are successful in these endeavors can go on to have their record of arrest sealed or expunged.
At Russo & Russo, we are lawyers who represent clients charged with criminal offenses arising out of St. Petersburg, Clearwater, or other areas within Pinellas County. As former state prosecutors and highly experienced attorneys, we can help!
Free Consultation: 727-578-0303
Learn More About Criminal Defense Solutions: www.defensehelp.com
Helpful Pinellas County DUI info at : www.duistpetersburglawyer.com
Related Links:
Many Floridians Forced to Drive Despite Their Suspended or Revoked License;
Government Uses Criminal Laws to Save Money by Discontinuing Benefits;
Pinellas County Jail Uses Creative Methods to Accept Online Credit Card Bonds;
Sin Tax Hypocrisy…States Look the Other Way in Exchange for Tax Revenue;
Recession Motivates Record Number to Have Lawyers Seal or Expunge Their Criminal Records;
Recession Fuels Theft Arrests in St. Petersburg / Clearwater Area;
Video: Civil Citation Program vs. Arrests For Minor Crimes
Comments