What if the wildlife-friendly habitats in and around Winter Garden were laden with pesticides? What if a manufacturer deliberately dumped pollutants into Lake Apopka? Or a hunter traps gators year-round to sell their exotic skins? Some crimes take a heavy toll on the ecosystem and public health in Florida, a state renowned for its natural beauty.
Crimes on a grand scale, such as dumping massive amounts of oil in the Atlantic Ocean, violate federal law. However, Florida is protective of its unique environment, and the Florida Department of Environmental Protection (DEP) works with the Winter Garden Police Department to investigate and prosecute offenders. Our local defense attorneys can represent you. If you are charged with a violation, a Winter Garden environmental crimes lawyer could devise a logical defense to exonerate you or mitigate the charges.
Florida has adopted statutes to protect its natural resources, wildlife, marine life, air, land, and public health. When humans mistreat the natural world and violate a state, local, national, or international law, an environmental crime occurs. Some infractions are minor, such as littering. Some are more severe, such as toxic spills. Other examples include:
In many cases, people or businesses are unaware they are breaking federal or state laws protecting the environment. If you are charged for environmental crimes, you are entitled to experienced representation from a Winter Garden lawyer who strives for the best outcome.
The state’s regulatory structure protects Florida’s environment. But the federal government also enforces a complex set of laws, including those managing solid and hazardous waste under the Resource Conservation and Recovery Act. The Comprehensive Environmental Response, Compensation, and Liability Act oversees massive cleanups for contaminated sites and sanctions responsible parties. Enforcing federal environmental laws falls to the Environmental Protection Agency and the Department of Justice, among others. Call a Winter Garden environmental crimes attorney to discuss federal or state charges.
The penalties affixed to a variety of environmental crimes are also varied. If your business relies on permits for environmental matters, a judge can revoke them. The worst infractions that generally are caused by gross negligence or willful misconduct and result in widespread damage can send a perpetrator to county jail for a few months or to federal or state prison for years.
Fines or restitution might be an alternative to prison, or in addition to it. These can escalate to millions of dollars in cases of widespread environmental damage. Restitution is payback for cleanup of the damage done and restoration of the area.
A judge can also sentence you to probation. You will avoid prison time, but be required to report to a probation officer, perform community service, and refrain from additional criminal activity. Contact a Winter Garden environmental crimes attorney to discuss the best options for your defense.
Our attorneys understand the complex federal and state environmental laws and what the ramifications are if you are accused of violating them. We identify, collect, and assess evidence, including how the complaint against you originated, what documentation is available, and what witnesses and expert witnesses can testify to, whether you intended to commit the crime, and what mitigating facts might help you.
In many cases, we have negotiated plea deals with prosecutors and proved that our clients did follow appropriate regulations, but prosecutors misinterpreted them or the evidence. We also work with you or your company to ensure your compliance with acceptable practices in the future, making you a good steward of Florida’s land, water, and air. Whether it is the Sheriff’s Department or the Department of Justice that comes knocking on your door, a Winter Garden environmental crimes lawyer is by your side to answer.
The Umansky Law Firm Criminal Defense & Injury Attorneys