Arrested in miami advice from a miami criminal defense lawyer
July 23, 2009
Whether you are on vacation on Miami Beach or reside in the Miami or South Florida area, you should know that there are certain measures a person can take at the time of arrest that will assist your Miami criminal lawyer
in successfully defending a criminal charge. Everyone should know how to protect one's rights. By knowing your rights, you have gone a long way in defending your criminal case. In order to protect your rights, you need to understand the law and the circumstances in which you find yourself. If you are under investigation or have been arrested by a law enforcement officer, there a number of rules that a Miami criminal lawyer strongly suggests you follow to help beat your charges.
Try to stay calm and quiet. If you must speak, think carefully before utter any words that may hurt your case. Remember, anything that you say can and WILL be noted by the officer in his report and used against you later in state or federal court
. These statements are called admissions or spontaneous statements and are the strongest piece of evidence the prosecution will use against you. The officer is not your friend, he/she is not going to be persuaded or convinced not to arrest you. Anything you say is NOT going to help you. Statements you make can only limit the potential defenses in your case. Any spontaneous statements you make could impede your Miami criminal defense attorney's ability to defend your case. The best and only statement you should make to an officer or agent is, "I want to speak to my lawyer, I do not wish to speak to you." Be polite.
Try to be courteous and respectful. Do not, under any circumstances, argue with the officer or agent. Do not touch the officer or agent. Do not attempt to escape by walking or running away. Do not make any quick or abrupt movements. Do not resist the arrest in anyway. Pulling your arms away or tensing up your arms when the officer or agent attempts to arrest you can result in the additional charges of resisting arrest or obstruction of justice
. This also gives the officer or agent a justification to hurt you. Keep your hands where the police can see them. Do not complain or argue with the officer or agent about how they are making a mistake. Do not threaten or claim that you are going to file a complaint or law suit, or that you will have them fired. These courses of action only ensure that the officer or agent will arrest you on more charges, remember you in court and make sure that the charges are prosecuted to the fullest extent of the law.
Remember, if the officer or agent has already made the decision to arrest you, there is very little, if anything, you or anyone can do at this point to make him or her to decide not to follow through with the arrest. During the initial investigation by the law enforcement officer or after you have arrested, do make the prosecutor's case stronger. The police officer may ask for your consent to search your car or home. The officer may do this orally or request that you sign a form. Do not consent either orally or by form. In majority of cases, the police are required to obtain a warrant to search your car or home. Make them do their job and obtain a warrant for either type of search.
If you under investigation or have been arrested, the police officer will want to speak with you. If you are not free to leave, the officer must inform you of your Miranda rights, the right to remain silent and the right to have an attorney present during questioning. Take advantage of your right and refuse any questions directed at you by the police. Again, any statements you make can and will
be used against you in court.
If an individual under investigation or placed arrest follows these simple rules, your Miami criminal lawyer will have a better chance of beating your case in court. Do not make the case stronger for the police and the prosecution.