Orlando Criminal Defense Lawyer FAQ
Whether you are charged with relatively minor crime, such as shoplifting, or something with grievous consequences, such as manslaughter or murder, you have certain constitutional rights when you are charged with a crime. The biggest problem most people face in a time of crisis is that they are not really sure what their rights are. The most important of your rights may be the one that allows you to remain silent when and if you are arrested. There is no law in the Florida criminal code or provided for under the United States Constitution that requires you to say anything after you have been arrested. You can and should speak four words, “I want an attorney” after which you should stay quiet.
You have heard it a thousand times on television and in the movies – anything you say can and will be used against you. This is particularly true when you are facing charges for a DUI offense. If you are pulled over and arrested for driving under the influence, here are some of the most important things you need to remember:
Breath Tests and Field Sobriety Tests
Failing either are breathalyzer test or a field sobriety test does not automatically mean you are convicted. It is not a given that you will absolutely lose your driver’s license or go to jail. It just means that the state of Florida now has evidence it can use against you in a court of law. The prosecutor will use the evidence of your breath test or field sobriety test at time of trial. You need an experienced DUI defense attorney to find flaws in the prosecutor’s case and give the court a good reason why the test results are not accurate. For example, the arresting officer may have made a mistake when requiring you to take either test or when administering the breathalyzer. A breathalyzer is not 100% accurate, 100% of the time. If you hire the best DUI defense attorney you can find, he can bring attention to these issues and use them to make a difference.
Liquor in Your car
Maybe your arresting officer found an open bottle of alcohol in your vehicle. This is bad, but it does not have to be the end of the world either. How the officer found the bottle is pivotal. In accordance with the law, he must have had probable cause to search your vehicle. If he did not have probable cause, an experienced Orlando DUI defense attorney can potentially have the evidence thrown out.
What if You are Convicted?
If the state’s case against you is ironclad, you especially need a lawyer. Experienced representation can make the difference between a misdemeanor charge and a felony charge. With a misdemeanor, you will generally spend less than a year in jail. If the prosecution succeeds in proving a felony DUI charge against you, it could mean incarceration for the rest of your life. Either way, you will be subject to fines, probation, community service, and you will lose your driver’s license for a time. Do not take this lying down. Call an experienced criminal defense attorney who knows how to make a difference against the DUI charges you are facing.
