The recent wave of unlicensed contractor arrests, including five Hispanic contractors in Pasco County, is raising important questions about the rights of workers who may be unaware of licensing requirements. Univision News recently interviewed Orlando criminal defense attorney and television legal analyst Jose Rivas about the serious consequences that undocumented immigrants face when arrested for unlicensed contracting work in Florida. This includes the risk of ICE detention and deportation proceedings even after posting bail on the criminal charges.
Immigration Consequences for Undocumented Workers: Possible Deportation Proceedings
For Hispanic contractors without legal documentation, an arrest for unlicensed contracting carries additional risks beyond criminal penalties. The arrest can trigger an ICE hold, potentially leading to deportation proceedings even before criminal charges are resolved.
“There are many undercover operations where they are asking people to go to houses to do estimates,” Rivas said. “If you present yourself as a contractor, if you present yourself to do work for which you don’t have a license, you are going to be arrested.”
Rivas told Univision that the consequences are particularly harsh for those with uncertain immigration status. “A person who doesn’t have documents, who is arrested for this crime, is going to jail and the moment they enter jail, the problem is that they’ll place what’s called an immigration hold, an ICE hold,” he said. “So when they pay bail, they’re going to enter immigration custody, and there they will go before an immigration judge and possibly face deportation proceedings if they don’t have documents.”
Understanding Florida’s Contractor Licensing Requirements
Florida law strictly prohibits working as a contractor without proper licensing through the Department of Business and Professional Regulation (DBPR). The recent arrests in Pasco County involved nine individuals, including five Hispanics, who were providing construction services such as roofing, electrical work, and plumbing without valid licenses.
Orlando Criminal Defense Attorney Jose Rivas explains that these cases often involve workers who are simply trying to earn a living but find themselves facing serious criminal charges. “Many of these individuals don’t realize that presenting themselves as contractors without proper licensing can result in criminal prosecution,”
Criminal Penalties for Unlicensed Contracting in Florida
The penalties for working without a contractor’s license in Florida are severe and can escalate quickly:
First-Time Offenses
- First-degree misdemeanor charges
- Up to one year in jail or 12 months of probation
- Fines up to $1,000
- Possible court-ordered restitution to alleged victims
Repeat Offenses
- Third-degree felony charges for subsequent violations
- Up to five years in prison or five years of probation
- Fines up to $5,000
- Potential deportation consequences for undocumented individuals
- Legal Defense Strategies for unlicensed contractor cases
Experienced criminal defense lawyers in Orlando understand that unlicensed contractor arrests require specialized defense strategies:
Evidentiary Defenses
- Challenging what work was actually performed: If the scope of work was limited or didn’t require licensing, this can provide a complete defense
- Questioning false representation claims: Examining what was actually communicated to alleged victims about licensing status
Technical Defenses
- Proving licensing status: Prosecutors must demonstrate that the accused was actually “unlicensed” or “unregistered”
- Jurisdictional challenges: Ensuring proper venue and procedural requirements were followed
Why You Need an Experienced Unlicensed Contractor Attorney
The complexity of unlicensed contractor arrests makes professional legal representation essential. Many defendants attempt to represent themselves or plead guilty to avoid attorney fees, but this often results in:
- Permanent criminal records
- Barriers to obtaining future licensing
- Unjustified restitution awards
- Immigration consequences for non-citizens
“Every case is different, and that’s why I take the time to review each case personally with my clients,” Rivas said. “These charges can have life-changing consequences, especially for immigrants who may face deportation.”
The Role of State Attorney’s Office in Prosecution
The state attorney’s office takes unlicensed contractor arrests seriously, often pursuing maximum penalties to deter others from similar violations. Prosecutors may use undercover operations where investigators request estimates from suspected unlicensed contractors, then make arrests when individuals present themselves as licensed professionals.
This aggressive enforcement approach makes it crucial for anyone facing these charges to work with a criminal defense team that understands both the criminal justice system and immigration law implications.
Commercial Considerations for the Construction Industry
The construction industry in Central Florida continues to grow, creating opportunities for both licensed and unlicensed workers. However, the legal risks of operating without proper credentials far outweigh any short-term financial benefits:
- Criminal attorneys report increasing prosecutions for unlicensed activity
- Jail time and hefty fines can destroy careers and families
- National trial lawyers emphasize the importance of compliance with state regulations
Seeking Legal Help: The Importance of Experienced Representation
If you or a family member faces charges for unlicensed contracting, immediate action is essential. An experienced Orlando criminal defense lawyer with a track record of success can:
- Evaluate the strength of the prosecution’s case
- Negotiate with prosecutors for reduced charges
- Develop defense strategies specific to your situation
- Address immigration consequences for non-citizens
- Work toward a favorable outcome that protects your future
The criminal court system can be intimidating in an unlicensed contractor arrest, especially for individuals who may not speak English as their primary language or understand complex legal procedures. Having a bilingual attorney who understands both criminal law and immigration issues is crucial for protecting your rights.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets.