Florida Legal Article:
Florida criminal defense lawyers
As Florida criminal defense lawyers can attest, the criminal process is often a complex and confusing road to navigate, especially alone. It's important for criminal defendants accused of crimes to understand their legal rights. One of the best ways to accomplish this is by contacting a Florida criminal defense lawyer as soon as possible. Florida criminal defense lawyers not only know the ins and outs of criminal law, they also understand how the law relates to the charges against you, and they'll help guide you through the entire criminal process to make sure your rights aren't trampled on.
Some of the things Florida criminal defense lawyers can offer advice on during the criminal process are:
Stops:
Police have the right to stop people for questioning in certain situations. Stops are not the same as arrests because they do not read you your rights and transport you to another location. The police can question you during a stop, but you certain have the right to refuse to answer.
Search Warrants:
Search warrants grant the police the authority to conduct searches of specific places, such as your car or home. However, in order for a judge to issue the police a search warrant, the police must show they have "probable cause" for the search. Once the police exercise a search warrant against you, it's a good idea to immediately contact one of the many fine Florida criminal defense lawyers to make sure your rights are protected.
Probable Cause:
Probable cause means that the police believe it is more likely than not that the specific items they want to search for are related to some sort of criminal activities and that those items will be found in the place they wish to search.
Warrantless Searches:
Search warrants are required in most cases for police searches to be legal. However, search warrants are not required in the following instances:
- Searches incident to arrest: Police officers are authorized to search the body and/or clothing of someone they are arresting to check for weapons or other weapons during a valid arrest.
- Automobile searches: The police may search the inside of your vehicle if they are arresting you. However, to search the entire car, including areas such as locked glove compartments or the trunk, they must have probable cause.
- Exigent circumstances: The police may conduct a warrantless search if there are "exigent circumstances" which demand immediate action, such as stopping the destruction of evidence or in emergencies where they truly believe someone is in danger.
- Plain view: Police do not need a search warrant if items are in plain view of an officer who has the right to be where they can see that view.
- Consent: If you give the police consent to search your body, vehicle, or home, they do not need to have a warrant. Keep in mind that you do not have to consent to any police searches and it may be a good idea to consult with a Florida criminal defense lawyer before granting consent.
Arrest:
The police must have "probable cause" in order to arrest someone. They must have a reasonable belief that a crime was committed and that you committed the crime. They are not required to have an arrest warrant.
Once you're placed under arrest, however, you are still protected by constitutional rights. Two of the most important ones for those under arrest are the right to remain silent as well as the right to have an attorney. You are not required to say anything to police or investigators once they arrest you until you have one or more Florida criminal defense lawyers present. The police must allow you to contact an attorney.