By State Attorney Suzy Lopez
June 1 marks the beginning of Atlantic hurricane season, and, like clockwork, most of us turn our attention to storm prep. As Floridians, we stock up on supplies, review evacuation plans and secure our homes. But we don’t think about how the criminal justice system continues to function during and after a storm.
At the state attorney’s office, we’re here to ensure your safety and to uphold justice — no matter the weather. While a hurricane might bring parts of daily life to a standstill, the wheels of justice keep turning. Even in the middle of a storm, our law enforcement partners stay active, as does the legal system.
Everyone who is arrested during a hurricane still has a right to due process, which begins with first appearance court. For the last two hurricanes, I personally handled first appearances for our office. These hearings are required to take place within 24 hours of an arrest. So, while the storm is churning, prosecutors, public defenders, private attorneys, judges and bailiffs are all working to make sure your rights are protected and our community is safe.
When a hurricane threatens our area, the governor can also declare a state of emergency. The public should know that certain crimes carry harsher consequences when the crime is related to the storm. For example, a burglary of a dwelling is typically a second-degree felony. But, if the defendant committed the crime while the homeowner was evacuated for the storm, the charges can be upgraded to a first-degree felony. Our prosecutors enhance these charges when appropriate to deter these types of crimes from happening.
These enhanced charges apply to crimes like burglary, theft and price gouging. We will hold offenders accountable before, during and after a storm. To learn more about how our office protects the community in the wake of a storm, visit our website: https://sao13th.com/.
