TRAFFIC OFFENSES TRAFFIC OFFENSES
Traffic cases can affect insurance, points, driver license status, employment, commercial driving, and future criminal exposure. Some traffic offenses are civil; others are criminal.
The firm handles criminal traffic, suspended license cases, reckless driving, careless driving, DUI-related traffic matters, and other driving-related charges.
WHY REVIEW THE CASE WHY REVIEW THE CASE
A traffic case may look simple but still have consequences. The driver record, prior history, officer evidence, and available alternatives should be reviewed before accepting a conviction.
AREAS SERVED AREAS SERVED
Traffic offense representation is available in Miami-Dade, Collier, Lee, and Hendry Counties.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.
SEARCH AND SEIZURE SEARCH AND SEIZURE
The Constitution protects people from unreasonable searches and seizures. Whether police acted lawfully depends on the facts of the stop, arrest, search, or investigation.
If a search was illegal, evidence may be suppressed. Suppressed evidence can significantly weaken the prosecution's case.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.
GETTING OUT OF JAIL AFTER AN ARREST GETTING OUT OF JAIL AFTER AN ARREST
In many cases, a person can get out of jail while the case is pending. After an arrest, a judge usually reviews the case and decides whether release is allowed and what conditions apply.
The court may consider the charge, prior record, employment, family ties, ties to the community, and whether the person is likely to return to court.