FAQs

/FAQs
FAQs2018-04-16T19:48:47+00:00

Do I need to hire an attorney or can I handle this myself?

There are many benefits of hiring an attorney to defend you.  The most obvious is that an attorney has been educated in the art of criminal defense, and is required by The Florida Bar to continually update their legal education.  Without this knowledge you leave yourself exposed to immediate and future consequences that could be avoided if you provide yourself with the protection of an experienced criminal defense attorney.

Should I wait until I am arrested to hire an attorney?

NO.  You should hire an Attorney to defend your rights immediately upon learning that a member of law enforcement is investigating you or attempting to contact you.  Many times an investigation can be concluded without arrest or prosecution with the assistance of an attorney.

A member of law enforcement has read me Miranda Rights/ Warnings. Should I continue to talk with them?

NO.  If you are being read Miranda Rights/ Warnings, that means that law enforcement believe that you are a suspect in some type of criminal activity.  You should always consult with an attorney before making a statement to law enforcement.  Likewise, if you are being asked to give a statement and have not been read your Miranda Rights/ Warnings, you should still consult with an attorney before proceeding to ensure that your rights are being protected.

If I am arrested, can I get out of jail immediately or do I have to stay in jail until my case is over?

In most cases you will be able to leave jail after agreeing to a variety of possible release conditions that are put in place immediately by the jail or that can be negotiated by your attorney.  There are circumstances, however, that allow a judge the ability to deny bond or release conditions that would allow you to leave jail while your case is pending

My minor child was interrogated without my presence.  Is this permissible?

Subject to some limitations, law enforcement is not generally precluded from talking with a minor without the presence of a parent or guardian.

My minor child has been arrested, what do I do?

Contact a criminal defense attorney immediately.  If your child is not immediately released to your custody, a Detention Hearing will be held the following morning to determine if release is possible.

Will my child have a permanent criminal history record for his/ her arrest?

Not necessarily.  Records can be Sealed or Expunged if the case is resolved correctly.

Can my child be charged as an adult for a crime that he/ she was arrested for?

Yes.  Subject to some limitations, Juveniles can be charged as adults resulting in their incarceration at the Palm Beach County Jail or Stockade and subject to criminal penalties usually reserved for Adults.

I have been arrested for DUI and my driver license has been taken, what do I do?

The first thing to do is contact an attorney to contest the confiscation and suspension of your driver license.  If otherwise eligible, you may be entitled to a restricted driving permit until the Department of Highway Safety and Motor Vehicles to determine the legitimacy of your license confiscation/ suspension hold a hearing.

I have been arrested for DUI, should I fight my case or plead guilty?

DUI is a legally complex crime.  Every DUI case has a large number of legal hurdles that the prosecuting attorney must try to prove before you could possibly be convicted of DUI.  It is to your benefit to decide how to resolve your case after having an opportunity to review the evidence against you and contest the ability of the State Attorney to use incriminating evidence against you.  An experienced criminal defense attorney will navigate these very complex legal issues for you.

How can I successfully defend against a DUI conviction?

There are many issues that can expose the weaknesses of a DUI prosecution.  An experienced attorney will investigate every legal issue in your case so that you can make an informed decision about the resolution of your case.  Some of the legal issues involved in a DUI are: Unconstitutional Stop of your vehicle, Interrogation without Miranda Warnings, Coercion to perform Field Sobriety Exercises, Ability to Perform Field Sobriety Exercises due to Age, Injury, Surroundings, Improper Accident Investigation, Unlawful Arrest, Illegal Detention, Inaccurate Breath Intoxilyzer, Unauthourized Repair/ Maintenance of the Breath Intoxilyzer, Cruel and Unusual Punishment of a DUI Suspect.