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pastor1189 · Feb 26, 2013, 04:36 AM

Man let go of a helium balloon at the beach. Policemen nearby gave him an environmental citation. Which is a felony.

He could plead guilty or no contest and pay a small fine and no jail time. But if he wanted a trial, there would be a chance of a 5 years term in jail and a large fine.

This a very simple black man celebrating his birthday.
Has five children to support. These options stated above are very common. This man will have some difficulty getting a job, with a felony record. He was entice to plead guilty with the alternative being too harsh to contemplate .

It is like a rock and hard place

excon · Feb 26, 2013, 05:00 AM

Hello p:

It is like a rock and hard place

It is. I think he should plead NOT GUILTY.

Excon

pastor1189 · Feb 26, 2013, 05:04 AM

Okay Thanks

joypulv · Feb 26, 2013, 05:10 AM

If this statute I found is current (I didn't get it off the FL civil code but a balloon site), then he shouldn't have been charged at all, much less for a felony. '10 or more' 'intentional' doesn't apply, right? 'non-criminal' fine of $250, if anything. I suggest that he contact legal aid groups such as ACLU. They might not take it, but they might, because it's absurd.

Florida

379.233 Release of balloons

(1) The Legislature finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals.

(2) It is unlawful for any person, firm, or corporation to intentionally release, organize the release, or intentionally cause to be released within a 24-hour period 10 or more balloons inflated with a gas that is lighter than air except for:

(a) Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological
Purposes;

(b) Hot air balloons that are recovered after launching;

(c) Balloons released indoors; or

(d) Balloons that are either biodegradable or photodegradable, as
Determined by rule of the Marine Fisheries Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. If any balloons are released pursuant to the exemption established in this paragraph, the party responsible for the release shall make available to any law enforcement officer evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act.

(3) Any person who violates subsection (2) is guilty of a noncriminal infraction, punishable by a fine of $250.

(4) Any person may petition the circuit court to enjoin the release of 10 or more balloons if that person is a citizen of the county in which the balloons are to be released.

joypulv · Feb 26, 2013, 05:18 AM

I looked at the current civil code, and it's the same.

AK lawyer · Feb 26, 2013, 05:38 AM

I suspect there is some leg-pulling going on here.

joypulv · Feb 26, 2013, 05:51 AM

Originally Posted by AK lawyer

I suspect there is some leg-pulling going on here.

Sure, if the man is not someone you know well and he's looking for donations to pay his fine or work on a defense, think twice...
But we all know what some cops can be like.

pastor1189 · Feb 26, 2013, 06:11 AM

Very interesting. Yes the charge is number one of 379.233 you cited. He is just a church member. I though the charge was a little harsh. Poor soul. They want the plea quickly
Traumatizing the person even more.

AK lawyer · Feb 26, 2013, 06:22 AM

Originally Posted by pastor1189

very interesting. yes the charge is number one of 379.233 you cited. He is just a church member. I though the charge was a little harsh. Poor soul. They want the plea quickly
traumatizing the person even more.

For your information, subsection (1) is a legislative finding. One is not charged under a legislative finding. It is simply a recitation of the reason for the law, in case one wonders why it was enacted in the first place.

I certainly wouldn't worry about it, even if you were telling the truth and the man is actually being charged. Many judges around here are not the brightest bulbs in the chandelier, but nevertheless can tell the difference between a "noncriminal infraction, punishable by a fine of $250", and a felony.

excon · Feb 26, 2013, 06:25 AM

Hello again, p:

Poor soul. They want the plea quickly traumatizing the person even more.

If he's in the US, and being charged with a felony, if he doesn't have the funds to hire a lawyer, the court will appoint one..

He NEEDS a lawyer. If he faces them WITHOUT one, he's a fool.

Excon