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Arraignments,
Bond
Hearings, DUI,
Traffic
Infractions,
Domestic Violence, Theft,
Assault,
Battery,
Drug
Offenses, Probation
Violations ,and Sentence
Modifications, are just a few of the criminal law areas where
we can represent you.
No one accused
or charged with a crime should ever make a confession or statement
or agree to have their residence or possessions searched, or submit
to a lie detector test or voice stress analysis test without first
contacting an attorney. Any and all statements or evidence obtained
following a voluntary statement or voluntary consent to a search
will be admissible in court and used against you. Often times, the
police will explain that your cooperation is necessary to help you,
that is, to help them to help prove your innocence to the charge.
It is important to remember that at all stages of the criminal process,
you, as a person charged with a crime, do not have to prove your
innocence. If the police are asking for your help, that may be an
indication that they do not have enough reliable information to
charge or convict you of the crime.
Once charged or arrested, you are entitled to the protections guaranteed
to you by the United States and Florida Constitutions. Most important
of these rights are the “Miranda Rights”, which guarantee
an arrested person the right to remain silent in response to police
interrogation, the right to know that anything you say can be used
against you in court, the right to stop answering questions at any
time, and the right to consult with an attorney prior to police
questioning. This right (representation by an attorney) attaches
at the time that you have become the focus of police investigation
and may or may not require that you are in actual police custody.
The failure of the police to advise you of your Miranda rights may
prevent law enforcement from using your statements against you in
the prosecution of your case. However, it is important to remember
that any voluntary statement made, that is, volunteered statements
not made in response to police questioning, may still be used against
you in some circumstances. Before speaking with the police or cooperating
in any way, it is recommended that you speak to a qualified attorney
so as to not jeopardize your case.
After being
arrested, you have a right to be taken before a judge, who will
advise you of your charges and your bail amount, if any. Your bail
may be set by the Court in an amount to ensure that you will return
for all court appearances and to ensure that you are not a danger
to commit any new crimes while released pending the resolution of
your case. In setting the amount of bail, the Court may consider
the seriousness of the crime with which you have been charged, any
prior criminal record that you have, your community ties, and financial
resources. Should the bail amount be too large to permit you or
a friend or relative to post bail, your attorney may be able to
ask the Court on your behalf to reduce the amount of the bail if
it appears excessive and may ask for other terms and conditions
of your release, including, but not limited to, release on your
own recognizance (your promise to return), pretrial release (which
will require you to check in with the Court on a weekly basis),
or home confinement (restricting your freedom to home and work until
your case is resolved). If you cannot afford to post bail in cash,
a bondsman can post a bail bond for you, generally upon payment
of 10% of the bond (non-refundable) together with collateral to
be held by the bondsman and returned to you upon successful completion
of your criminal case.
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