FREQUENTLY ASKED QUESTIONS
1. What happens after an arrest?
You will be informed that you are under arrest and taken to a police station. The charges against you may be modified by the prosecuting attorney or, in some cases, a grand jury. You may be asked to participate in a lineup, to supply a sample of your handwriting or speak certain phrases that were used during the incident under investigation. You should always ask for your lawyer to be present in such circumstances. You will most likely be fingerprinted and photographed. You will be arraigned at a court session and be asked to enter a plea. If you enter a not guilty plea you will get a trial date to present your case. If you plead guilty or no contest to the charges, a sentencing date will be set.
2. What should I do if I’m arrested?
Anything you may say without a lawyer present can be used against you and it is your legal right to not answer any questions at all. You should also not sign any sort of documents or written statements without your lawyer or public defender first reviewing them. If you cannot afford an attorney, the Court will assign you one. It is always wise to not make any sort of statements before you have the chance to meet with a legal representative who is there to protect your rights.
3. How is my case affected if I wasn’t read my rights?
Law enforcement has a responsibility to make sure an individual is aware of their rights when taken into custody. The arresting officer’s failure to read your Miranda Rights could be very significant to your case, as anything you said at the time of your arrest could be ruled inadmissible as evidence. If you were not read your rights you should speak with a knowledgeable defense attorney immediately to discuss your available options.
4. Will my child go to jail if convicted?
After experiencing the arrest of your child, your first action should be to retain an aggressive legal counselor. Florida has some of the nation’s harshest juvenile crime laws, and many prosecutors try to have the defendants tried as adults in the normal criminal courts. For these reasons, you cannot hesitate to enlist an experienced attorney to advocate before the judge to keep your child’s case in the criminal courts.
The juvenile court system typically seeks to rehabilitate the offender rather than punish them. This means the child may be sentenced to probation, community service, curfews, counseling, and other penalties that are meant to redirect the child down a law-abiding path. An attorney from our firm can seek to negotiate with the prosecutor to lessen your child’s charges or reduce the penalties, and we will always fight for your loved one’s rights and future.
5. Why should I try to fight my DUI if I failed the breath test?
Unfortunately, far too many drivers do not realize that they have the opportunity to challenge their charges and fight against the state’s severe penalties. If you were arrested for drunk driving, the first thing you should do is talk to a defense lawyer about the circumstances of your charges. The attorney will be able to assess the situation and determine what options you have and if your rights were violated in any way. They can also evaluate the factors involved in your breath test to learn whether your tests results may have been tainted or invalidated in some way.
6. Why do I need an attorney?
Criminal law in the State of Florida is complex and there are over 300 different crimes that can be prosecuted. Some crimes are tried by the state and some are tried on the federal level. It simply doesn’t make any sense to attempt to deal with criminal charges made against you without the help of an experienced and knowledgeable attorney. It requires the familiarity and skill of a trained lawyer to provide an effective and aggressive defense against the state or federal prosecutors who have the weight of the government behind them. You deserve equal representation to protect your best interests. You should speak to a criminal defense lawyer at DiRenzo Defense to find out more.
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