• What are my rights if I’m stopped for questioning by police? If you are stopped for questioning, you have the right to ask whether you are under arrest. If you are not under arrest, you are under no obligation to speak to officers. However, if you are arrested, according to the ACLU, you have the right to ask to speak to your lawyer. You also have the right to assert your right to remain silent. Unfortunately, simply remaining silent may not be an option, due to a recent Supreme Court ruling, so you may need to assert your right to remain silent. This means that you must tell officers that you wish to remain silent.
• Was my arrest legal? According to the ACLU, you have the legal right to refuse to let the police search your vehicle or person. Police officers must have probable cause to stop you, which means that they must believe that a crime is in progress or must have seen you break the law. If you believe you have been racially profiled, you may have the right to fight your charges and possibly win because any evidence gathered may not be admissible in court. Furthermore, if you tell officers that you don’t consent to a search and a search is performed, this evidence may also not be admissible in court.
• Should I accept the services of a public defender? While the legal services of public defenders are offered free of charge if you can’t afford the services of a lawyer, and this is your Constitutional right, it is important to understand that public defenders have a very high caseload. According to a New York Times investigative report, many public defenders are incredibly overworked. In some cases, the Times noted that many public defenders only had several hours for each client. Unfortunately, because they have such a high caseload, many public defenders sometimes advise their clients to take a plea deal. However, had the public defender the time to review the case, they might have found that the state’s case was not so strong. When it comes to defending your freedom, your reputation, and your rights, you need a criminal defense lawyer who has the time to devote attention to your case. Trevena | James Attorneys At Law are criminal defense attorneys in Largo, Florida who can devote the time and personalized attention to your case you need and deserve.
Trevena, Pontrello and Associates are criminal defense lawyers with 30 years of legal practice. If you’re facing time in prison, let our time working to defend clients over the years serve you. Your freedom is too important. Take the time to speak to a criminal defense lawyer you can trust.