FORT MYERS, Fl April 15 According to an online news story published on News-Press.com, a man from Fort Myers, Florida, who was previously arrested for violating Florida's "stay-at-home order," is back in jail for allegedly committing auto theft and violating Governor Ron DeSantis' stay-at-home order once again. The report states that the Cape Coral Police arrested the suspect just two days after the suspect was given a pre-trial release. Due to the Coronavirus epidemic, the State of Florida is releasing some nonviolent offenders to contain the spread of the virus and prevent individuals who are incarcerated from becoming ill. The Governor initiated the stay-at-home order on April 3, 2020.
The official charges that have been filed include violation of the Governor's order, grand theft auto, providing a false ID to law enforcement, and burglary. Prior to the suspect's release for the initial charges, the suspect could not post bond and was in police custody for about 50 days at the Lee County Jail, according to jail and court records. The suspect was being held on a charge of theft in which allegedly the suspect stole leaf blowers from the Home Depot located on Pine Island Road. The suspect is being held at the Lee County Jail on a $37,250 bond.
According to the new report, the suspect is the second person in Lee County to be arrested and charged with violating the Governor's stay-at-home order. The order allows specified businesses to remain open and will enable people to leave their residence to perform essential activities. At the time of the news report, the order is in effect until Thursday, April 30, unless the order is extended for a more prolonged duration.
Initially, law enforcement officers were not making arrests or giving out citations for violating the Governor's stay-at-home order. Local police departments decided to first educate the public about the order by issuing warnings to attain compliance and only arrest citizens as a last resort.
Florida's Stay-At-Home Violation Laws and Defense Lawyers
According to official statements, made by government and law enforcement officials, violation of the "Florida Stay-at-Home Order" is a misdemeanor in the second-degree. The penalties include a $500 fine and a jail sentence of up to 60 days in the county jail.
Are Stay-at-Home Orders Lawful?
An administrative order has been signed by the Florida State Supreme Court Chief Justice, which prevents violators of the "Florida Stay-at-Home Order" from post bail prior to the violator's "first-appearance hearing." Therefore, those who have been arrested for violating the order will remain in police custody for the rest of the day and probably overnight.
In addition to the threat of jail time, the Governor Ron DeSantis' stay-at-home orders provide local police and sheriff's deputies the authority to approach crowds of ten or more and individuals who are not socially distancing.