| Frequently Asked Questions |
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Should I cooperate with law enforcement? Generally, the answer to that question is no. 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 so called “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. |