Anybody who watches tv or movies knows about Miranda rights and reading you your rights. And we have seen the situation where important evidence was thrown out if the police detectives did not properly read them their rights or allow them to visit with an attorney.
This is the Miranda warning:
You have the right to remain silent. What you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you by the state.
Now the same rules don’t apply during the pre-arrest, as the police will still be investigating your case so that they can find enough evidence. This is particularly prevalent when it comes to white collar investigations in which your constitutional rights may be violated without your knowledge. That’s why it’s so important to consult with a criminal defense lawyer that specializes in white collar and other crimes committed in Florida specifically, especially if you suspect that you might be under secret investigation.
Pre-Arrest Interrogations
Even though law enforcement officers are aware of your constitutional right to remain silent, they might try and push you for incriminating information. Keep in mind that as your Miranda warning states, “anything you say can and will be used against you in court.”
Also, officers are less likely to try and push you for information when your attorney is present because he will repeat your rights to them. So until you have a lawyer by your side, just state that you’re waiting for your lawyer and that the officers can direct any questions they have to your legal representation.
Police Reports
During an investigation, it’s common for police officers to generate a report based on their meeting with the subject of the investigation. This report may later be used in court as part of the evidence bought forward against you. Now, it’s important to note here that most of the time such reports can be somewhat partial and even untrue. That’s why having a lawyer by your side will be helpful, because they’ll help you against any false information or evidence that’s bought against you so that remedial action can be taken.
Pre-Arranging Bail
If you suspect that you might be arrested in the near future, hiring a lawyer will help you prepare for bail and bond services beforehand. This will save you from unnecessarily spending time behind bars before your case is even heard.
Preparation for Arrest
Retaining the services of a criminal defense attorney before you get arrested will enable you to start working with them to prepare the defense for your case. This includes collecting information and useful witnesses that might be of help.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.