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Do I Need a Defense Lawyer When I’m Charged With a Crime?

Do I Need a Defense Lawyer When I’m Charged With a Crime? on

Absolutely! Here’s why…

Have you been arrested and accused of a crime in Miami-Dade or Palm Beach County? How you react after your arrest can have a significant impact on your case, so it is critical that you understand your options and proceed with caution. Read on to learn more about the role that a defense lawyer plays and how your case could be damaged without one.

What Next? Handling an Arrest

As soon as you have been arrested, it is strongly recommended that you consult with an experienced Miami-Dade criminal defense attorney. You have the right to do so and getting advice during this time period is extremely beneficial. Your attorney can also learn more about what you have been charged with so that you are clear about next steps. Without some insight, it can be confusing and overwhelming to confront these issues on your own.

Should I Talk to the Police?

Remember that police officers are trained to get as much information as possible so that a case can proceed on to prosecution. This means that they are well-versed in how to obtain as much evidence as possible, including statements you might make.

The authorities might tell you that you’re doing yourself a favor by cooperating with them and sharing your side of the story, but you also run the risk of incriminating yourself or saying something unintentional. These statements could be used to convict you of the crime in question or it could open the door for investigators to evaluate other potential crimes, so you should tread carefully. The best thing to do in this situation is to wait to answer any questions until your attorney is present.

How Can a Defense Attorney Help?

Aside from providing you with some insight about what to expect, an experienced Miami-Dade criminal defense attorney can also play one or more of the following roles:

  • Investigator: Your attorney will look into the crime in question as well as the circumstances of your arrest. As someone not familiar with the law, you might not be aware of potential issues that could compromise the legality of your arrest. Make sure you retain an attorney who will explore all possible avenues to fight for you in court.
  • Negotiator: Depending on your past criminal history and other issues, your attorney might work directly with the prosecutor to determine alternative outcomes for your case. Having someone on your side working for this can be very helpful for minimizing or eliminating penalties you could face down the line.
  • Representative: Your attorney know the customs and rules of the local courtroom and knows how to work within them to zealously represent your concerns. Going without an experienced attorney or trying to represent yourself could mean making a faux pas that violates courtroom rules or aggravates the judge. Hire an attorney who knows how to manage your case in court.

If you have already been charged with a crime in Miami-Dade, get the help you need from a qualified criminal defense attorney.

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What Are My Rights During an Arrest?

What Are My Rights During an Arrest on

You won’t know if your rights were violated if you don’t understand what your rights are

Most people who have been arrested feel like the experience goes by in a blur. It’s hard to remember what happened or how it escalated, but sitting in jail and waiting for your Miami-Dade criminal defense attorney to arrive calls into question the circumstances of your arrest in a clearer light.

If the police violated your rights, evidence collected during the search or the arrest itself might be grounds for having your case thrown out. This is why it is so important to get a criminal defense lawyer who understands how to evaluate your situation and fight for you if your rights have indeed been violated.

Read on to learn more about your rights when the police attempt to arrest you for a crime.

Right to a Lawful Arrest

Did the police have probable cause to search your car? Were you not treated humanely during your arrest? These can all point to instances in which your rights were violated. The police must have probable cause to search something. Since this can be one of the most complex facets of the law, it is vital to have a knowledgeable attorney at your side evaluating whether the police did indeed have probable cause.

This also means that you must be mirandized during an arrest. An officer has to inform you of your rights and comply with all the requirements of a legal arrest if he or she wants to see the charges stick. Violating the law could lead to your case being thrown out altogether, but sometimes an officer is banking on you not knowing the full extent of your rights.

Unfortunately, sometimes officers cross the line in a zealous attempt to get you into questioning or to charge you with something. Even though this still happens today, the violation of your constitutional rights is prohibited. An attorney should always evaluate your case for any potential violations of your rights. These could prove critical in court or in negotiations beforehand.

Right to Remain Silent

One of the most important rights afforded to someone being accused of a crime is the right to remain silent. This is drawn from your right against self-incrimination. Be aware that police might try to convince you that talking to them is the best way to make the situation better, but you could actually end up giving them more information to be used in your prosecution. If you were coerced into questioning or forced to give responses to their questions, the police may have violated your rights. Share details regarding this with your criminal defense attorney as soon as he or she arrives on the scene.

Right to an Attorney

Another extremely valuable right you should use during the arrest and questioning process is that of speaking with an attorney. Your attorney can be with you during questioning and at trial. As soon as you request your own attorney or one to be provided for you, the police must comply. This means not being asked questions and forced to answer before your attorney arrives, too.
Have you already been accused? Don’t hesitate to get the legal help you need. Hire an experienced Miami-Dade criminal defense attorney.

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