Florida’s Racketeer Influenced and Corrupt Organizations (RICO) laws are powerful tools for prosecuting individuals and groups involved in criminal conspiracies. The laws target organized crime by holding people accountable not just for their individual crimes but also for their involvement in a pattern of illegal activity, often orchestrated by criminal enterprises.
At The Wiseman Law Firm, we understand how these complex laws can be used and how to challenge charges that rely on them. With over two decades of experience, including insights from prosecutorial work, we analyze every detail to craft strong defenses for those accused under these statutes.
What Are Florida’s RICO Laws?
Florida’s RICO laws were modeled after the federal RICO Act, which was originally enacted in 1970 to combat organized crime. Under Florida Statutes Section 895.03, the state RICO laws focus on criminal enterprises engaged in a pattern of illegal activities such as fraud, money laundering, drug trafficking, and other forms of organized crime.
Florida’s RICO laws target groups or organizations that engage in continuous criminal conduct. Unlike other criminal laws that focus on individual crimes, RICO allows authorities to prosecute those involved in a series of crimes as part of a broader enterprise, even if they did not directly commit every offense.
How Florida’s RICO Laws and Criminal Conspiracy Cases
A criminal conspiracy is generally defined as an agreement between two or more people to commit an unlawful act. Florida’s RICO laws allow charges to be pursued against individuals involved in conspiracy cases if they are part of a larger criminal organization. These individuals don’t have to have committed each crime themselves, but their involvement in the conspiracy can lead to RICO charges if they participated in or benefited from a pattern of criminal activity.
For prosecutors to apply Florida’s RICO laws in a conspiracy case, they must prove the following elements:
The Existence of a Criminal Enterprise
There must be an organization, association, or group of people engaging in criminal activities. This enterprise could range from drug cartels to smaller criminal groups involved in activities like fraud or extortion.
A Pattern of Criminal Activity
A key element of RICO is the “pattern of racketeering activity.” This means the criminal enterprise has committed at least two illegal acts over a period of time. These crimes may include money laundering, drug trafficking, extortion, or murder. The crimes must be related and show a recurring pattern of illegal behavior.
Connection to the Conspiracy
Individuals charged under RICO don’t have to have directly committed every crime within the conspiracy, but they must be shown to have conspired or aided the organization’s illegal activities. Even minor roles in the conspiracy can lead to severe RICO charges.
Common Defenses Against Florida RICO Charges
While Florida’s RICO laws are a potent tool for prosecuting criminal conspiracies, they are not invincible. There are several defenses a skilled attorney may raise in an attempt to reduce or dismiss the charges. They include:
Lack of Evidence of a Pattern
A common defense is challenging the existence of a “pattern” of criminal activity. If the prosecution cannot show the defendant was involved in a series of criminal acts over a period of time, the RICO charge may be weakened or dismissed. The prosecution must prove the defendant was part of an ongoing criminal enterprise rather than just being involved in a single criminal act.
No Direct Participation in the Conspiracy
Defendants may argue they did not play an active role in the conspiracy or criminal enterprise. If they can show they were not directly involved in committing any illegal acts or that their involvement was minimal, they may avoid RICO charges. A strong defense may focus on demonstrating the defendant was not a key player in the criminal organization.
Unlawful Search and Seizure
If the evidence used against the defendant was obtained through unlawful means, such as an illegal search or seizure, it may be possible to have that evidence excluded from the trial. If the prosecution’s case is based on improperly obtained evidence, it could significantly reduce the likelihood of a conviction.
Defend Yourself Against RICO Charges With The Wiseman Law Firm
RICO charges can turn even peripheral involvement in a conspiracy into a serious legal battle. At The Wiseman Law Firm, we use over two decades of experience, including prosecutorial insights, to build strong defenses tailored to each case. Our deep understanding of Florida’s RICO laws and meticulous approach allow us to uncover weaknesses in the prosecution’s case, from challenging evidence to disputing the existence of a criminal enterprise.
Our commitment to personalized representation and proven results sets us apart. When your future is at stake, we provide the legal knowledge and strategic advocacy needed to protect your rights. Call us at (407) 420-4647 or reach out through our contact form to take the first step in your defense.
