“The police are not your friends. They are doing their jobs. And their job is to build a case against you. Anything you tell them can and will be used against you.”
practice areas
- Arson
- Assault/Battery
- Criminal Traffic Offenses
- Disorderly Conduct
- Domestic Violence
- Drug Offenses
- Driving Under the Influence (DUI)
- Felonies
- Firearms/Weapons
- Fraud
- Manslaughter/Murder
- Misdemeanors
- Probation Violations
- Sealing/Expunging Criminal Records
- Sex Crimes
- Theft
- White Collar Crimes
Relocations
In Florida, a Petition to Relocate must be filed in order to relocate more than fifty miles. Failure to obtain court permission to relocate can result in contempt proceedings and even a change in custody. The Court will look at the resulting change in timesharing, travel expense, difference in schools, relationship with each parent, etc.
arrest
If the police have an arrest warrant or probable cause to believe you committed a crime, you will likely be taken into custody and transported to jail. It is not unheard of for the police to make unlawful arrests. You should contact an attorney immediately upon arrest to investigate the circumstances of your arrest, whether or not it was lawful, and to defend any charges filed against you.
searches
Searches conducted without a warrant are presumed unreasonable. The police cannot enter your home to conduct a search without a warrant, with several exceptions: exigent circumstances (they believe there is an emergency of some kind), consent, an item is in plain view, or a search incident to lawful arrest. You have the right to refuse consent to search. Without consent or another applicable exception, the police will have to obtain a warrant supported by probable cause and signed by a judge. The validity of a search is very fact specific. If the police have searched your home with or without a warrant, you should consult an attorney immediately. They are searching your house for a reason. They are looking for evidence of some kind. You should consult an attorney on what your next steps should be as soon as possible.
POSTING BOND
Depending upon the charges, you will likely be eligible for bond either immediately upon arrest or sometime shortly thereafter. When you are brought before the court for your first appearance, a judge will typically set bond based upon several factors including the charges, your ties to the community, your criminal history, any potential threat or danger to the community, and any risk of flight. If the bond is set at an amount you can afford or you are not afforded a bond, you will have the opportunity to request a bond or have the amount lowered at a later date. You will need an attorney to assist you in that process.
ARRAIGNMENT
Once formal charges have been filed against you, the first step in the process is an arraignment. At arraignment you are advised of the charges against you and you enter a plea of either not guilty or guilty. In some instances, the prosecutor/state attorney will have a plea offer at the arraignment date which you may accept to close your case. You should not accept a plea offer at arraignment without consulting an attorney.