Florida's new "Halo Law" went into effect on January 1st, 2025, and it's already causing significant problems
for residents across Palm Beach County. At least 11 people have been arrested under this controversial statute in just the first few weeks, raising serious concerns about constitutional rights and police accountability.
If you've been arrested under Florida's Halo Law or are facing charges related to this statute, contact our experienced Palm Beach Gardens criminal defense attorney immediately at (561) 671-5995.
Table of Contents
- What is Florida's Halo Law?
- Real-World Impact: Early Arrests Under the Halo Law
- The 25-Foot Rule: What You Need to Know
- Why the Halo Law is Problematic
- Your Rights When Interacting with First Responders
- What to Do if You're Arrested Under the Halo Law
- Constitutional Concerns with Florida's Halo Law
- Why You Need an Experienced Attorney
- Contact Our Palm Beach Criminal Attorney if You're Facing Charges
What is Florida's Halo Law?
The Halo Law, codified under Florida Statute 843.31, makes it a second-degree misdemeanor to approach or remain within 25 feet of a first responder after being told to back away. This law applies to interactions with police of
ficers, firefighters, and paramedics while they are performing their duties.
Key Elements of the Halo Law
Under Florida Statute 843.31, you can be arrested if law enforcement claims you are:
- Interfering with their duties
- Threatening first responders
- Harassing first responders
The law defines harassment as conduct that "intentionally causes substantial emotional distress" - a subjective standard that varies significantly from officer to officer.
Real-World Impact: Early Arrests Under the Halo Law
The problematic nature of this law became apparent immediately. Just one hour after the Halo Law took effect, Caitlin Justice was arrested for simply asking deputies why her husband was being detained. This case highlights a concerning reality: ordinary citizens asking legitimate questions about their loved ones can now face criminal charges.
The 25-Foot Rule: What You Need to Know
Here's what makes the Halo Law particularly problematic for Palm Beach County residents:
Police are NOT required to:
- Inform you about the 25-foot distance requirement
- Explain the specific details of the law
- Warn you about a potential arrest before telling you to back away
Police only need to:
- Tell you to "back off" or move away
- Claim you're interfering, threatening, or harassing them
This means you could be standing legally in a public space, unaware of this new law, and suddenly find yourself in handcuffs for asking a simple question.
Why the Halo Law is Problematic
The subjective nature of "emotional distress" creates serious constitutional concerns. What causes substantial emotional distress to one officer may not affect another officer at all, especially those experienced in responding to difficult situations. This subjectivity opens the door for potential abuse and selective enforcement.
Many legal experts and legislators argue that the Halo Law is designed to:
- Discourage citizens from monitoring police activity
- Prevent the recording of police interactions
- Create additional charges against citizens exercising their constitutional rights
Your Rights When Interacting with First Responders
Despite the Halo Law's restrictions, you still maintain certain constitutional rights:
You have the right to:
- Record police activity from a safe distance (25+ feet away)
- Ask questions about what's happening (from beyond 25 feet)
- Remain in public spaces where you're legally allowed to be
Best practices to avoid arrest:
- Maintain at least 25 feet of distance from active first responders
- Remain calm and don't argue with officers
- If recording, do so from a safe distance
- Remember that most officers wear body cameras that are supposed to be recording
What to Do if You're Arrested Under the Halo Law
If you or a loved one has been arrested under Florida's Halo Law, don't handle this alone. Many of these early arrests have already been dropped, but navigating the legal system requires experienced representation.
Immediate steps to take:
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Contact an experienced criminal defense attorney immediately
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Don't make statements to police without legal representation
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Document everything you remember about the incident
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Gather any witness information or video evidence
Constitutional Concerns with Florida's Halo Law
As a criminal defense attorney who has been defending constitutional rights in Palm Beach County for over 20 years, I'm deeply concerned about this law's potential for overreach. Citizens should not face arrest for:
- Asking legitimate questions about police activity
- Documenting law enforcement interactions
- Exercising their First Amendment rights in public spaces
The vague and subjective nature of the "emotional distress" standard creates too much opportunity for selective enforcement and constitutional violations.
Why You Need an Experienced Attorney
Cases involving the Halo Law require someone who understands both the statute and how it's being applied in practice. The subjective nature of this law means that each case depends heavily on the specific circumstances and the officer's interpretation of events.
An experienced Palm Beach County criminal defense attorney can:
- Challenge the subjective nature of "emotional distress" claims
- Examine whether you were properly warned before arrest
- Investigate potential constitutional violations
- Work to have charges reduced or dismissed
Contact Our Palm Beach Criminal Attorney if You're Facing Charges
As a criminal defense firm, we understand the complexities of navigating the legal system and the importance of having experienced legal representation. Whether you're dealing with historical convictions or current charges, having a knowledgeable advocate can make all the difference.
The Law Offices of Matthew Konecky are available 24/7 to help protect your rights and ensure you receive fair treatment under the law. If you need assistance with any criminal defense matter, contact us at (561) 671-5995 for a consultation.
For more information about the criminal justice process, download our free guide, "My Loved One Has Been Arrested: What's Next?"
