Why should I hire an attorney?
If you have been accused of any type of criminal offense, it is very important that you hire an experienced Fort Lauderdale criminal defense attorney. A professional Fort Lauderdalecriminal defense attorney will be able to investigate and challenge the evidence and charges presented against you. Your legal rights must be protected. Without a skilled and aggressive Fort Lauderdale criminal attorney by your side at every step of the legal process, your legal rights are not safe.
What is first appearance?
Within 24 hours of his/her arrest, an arrested individual should make their initial appearance before a Court. This hearing is called a first appearance. The first appearance is one of the most important moments in any criminal case, as the Court and counsel will get their first glimpse into what the Government alleges the individual did to commit the alleged crime. Counsel for the accused will then be given an opportunity to address the Court regarding the allegations and the individual under arrest. Most importantly to a detained person, Florida courts will then use that information to determine whether to hold the individual on bail or release him or her on their own recognizance to return to court.
What is bail/bond/ROR?
That initial decision, bail or release, can and often sets the tone for the entire case. We work to secure every client’s freedom as early as possible by bringing family to the courtroom, developing our client’s community ties and providing information about the client and his professional and personal life to the court. This is done BEFORE the court decides to hold a client behind bars. We argue vigorously and make every possible attempt to win freedom for our client at this vital stage.
Occasionally, judges set impossibly high bonds in particular types of cases, such as those involving violent crimes, drugs, or domestic batteries, to keep a suspect in jail until the trial is over, which is unconstitutional. Having a knowledgeable and experienced Ft Lauderdale criminal lawyer arguing the law to such a judge is the most effective way to get the court to do the right thing.
Do I have to tell law enforcement my side of the story if I am accused of or arrested for a crime?
No. You have the right to remain silent. You do not need to speak to law enforcement without a Fort Lauderdale criminal defense lawyer present. If you speak, you may unintentionally incriminate yourself and make it more difficult for your Ft Lauderdale DUI lawyer to defend you in the future. Law enforcement officers are allowed to lie and use deceit to gather information from a suspect.
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence. You can not get into trouble by refusing to allow an officer to search your home without a warrant.
What if I agree to the search?
If you voluntarily consent to a search of your home, personal belongings, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court. Since you consented to the search, you will not be able to challenge the legality of the search.
If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.
Do I need to speak to the police? Don’t I have Miranda rights?
You don’t have to speak to the police. You have a right not to incriminate yourself. Anything you say can and will be used against you. Police are allowed to lie and use deception to gather evidence. Any promises that Police make are not binding in court no matter what they say. It is not their job to be fair but rather collect evidence. Before making any statements to a Police officer, you should speak to a qualified Fort Lauderdale criminal defense attorney. You have the right to a DUI attorney in Fort Lauderdale FL, you should always exercise that right.