Yourbestdefensetampa.com

I’ve just found out I am being investigated, do I need a lawyer now?

Absolutely. An investigation is one of the most critical stages in any potential criminal case. Every criminal case begins with an investigation. This is the time the police make the initial, critical decisions that can influence whether charges are ever filed. For that reason, this stage of your case can represent a great opportunity to favorably influence the outcome, and can result in cases being closed, without prosecution, or lay groundwork for a positive resolution at a later stage.

The police want me to come in and give a statement. Isn’t it always best to cooperate?

What's best, in any situation, is you having the ability to make an informed decision, about how to proceed. That is why it is vital to consult an attorney before ever agreeing to a police interview. We never advise our clients to talk to the police without meeting with us first, so we can investigate their situation, including finding out what the police are up to. The police are generally not trying to help you. They may believe you are guilty of some crime, and want you to "confess" and make their job easier.

I’ve been arrested, and bailed out, and they told me I have to go to court in 20 days. Should I wait until then before getting legal help?

Definitely not. The period between an arrest and that next court date represents a vitally important time period. The police arrest citizens because they think there is probable cause to believe that a crime has been committed, and that the person arrested committed the crime. This is not the same thing as a decision to prosecute. That decision is made by an attorney in the State Attorney's office, known as a filing attorney. He or she decides whether to file charges and what charges to file. Without our help, they will make this critical decision based solely on the information from the police. As you can imagine, the police will always seek to justify their arrest, and seek prosecution. They will not present your side - which almost always results in formal charges - often the most serious charges - being filed. We begin fighting for you before any charging decision is made. We frequently can obtain the best possible outcome during this brief window in time, before the prosecutor makes up his mind to prosecute you. Don't wait, and allow a stranger to make what could be the most important decision about your future - without your voice ever being heard – and your defenses presented.

What rights do you have after being arrested?

You have the right to know the crime or crimes you have been charged with. You have the right to know the identity of the arresting officer. You have the right to remain silent and do not have to answer the officer’s questions. Any statement you provide to the law enforcement officer can be used against you later in court. You also have the right to contact an attorney your family, friends or a bondsperson.

Should you make statements to law enforcement after being arrested?

No. If you do so then you are doing it at your own risk. Oral and written statements can be used as evidence against you. If you are coerced, threatened or influenced to sign a document or give a confession, contact your attorney immediately. If you do not have an attorney, you can ask to speak to one immediately.

Can a law enforcement officer detain you without arresting you?

Generally yes. If a police officer has reasonable suspicion that you were involved in criminal activity, the officer may require you to provide your identity and explain your presence at a location without arresting you. According to Florida statutes, you may not be removed from the immediate vicinity without making an arrest.

Can an officer use force when making an arrest?

The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested. You cannot use violence to resist an illegal arrest. Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.

How are you released from jail?

Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances. You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail. If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community, financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled.

For more information please call 813-234-6374 or Contact Us via email Today