If you have been charged or arrested with a crime in Miami, you might have a tough road ahead. You must take the charges seriously, as being convicted of a crime can turn your life upside down. While our justice system in the United States dictates that we follow an “innocent until proven guilty” presumption, the reality is a criminally accused person is often judged negatively just for the fact that they were arrested. That is why it is so crucial to know your rights and legal options following any criminal charge. If you or a loved one has been accused of a crime in Miami, read further to learn how to maintain your rights and prove your innocence.
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You Do Not Have to Talk to The Police
The United States Constitution has protections in place for the criminally accused. The 5th Amendment of the Constitution provides the right against self-incrimination, which means that no one is required to talk to the police. Invoking your “right to remain silent” is smart because you do not need to be on the record saying anything that could potentially be used against you. There is no reason why you should talk, even if you have nothing to hide. Always confer with your legal counsel before making any statement to the police.
You Have the Right to Have an Attorney
The U.S. The Constitution also provided that any person who is criminally accused has the right to defend themselves, and has the right to an attorney. Having competent legal representation could make the difference between a guilty or a non guilty verdict. Florida law is complex, and navigating the court system alone can come with a lot of challenges. There is no need to do it by yourself.
If you have been arrested or are in an interrogation, you may invoke your right to remain silent in addition to your right to an attorney at any time. Once you clearly invoke your right, for instance by saying “I want my attorney”, the law enforcement officer is required to stop all interrogations and provide you with counsel.
Your May Not Even Go to Trial
Did you know that not all criminal cases make it to trial? The fact is, no one ever wants to go to trial. The Defendant, who is standing accused, certainly doesn’t want to go through the emotional stress of being judged and having their liberty at stake. The State also prefers not to spend the time and the government’s money on going before the jury. Many criminal cases get “pleaded out”, which means the State and the Defendant reach a plea agreement which avoids the case having to go to trial. In these agreements the Defendant usually pleads guilty in exchange for a lighter penalty.
The top rated Miami criminal defense lawyers at Stroleny Law, P.A state that they have been able to arrange many favorable plea deals and in some circumstances, have been able to get their client’s cases completely dismissed, Understandably, it is essential to have an experienced attorney working on your case in order to negotiate for your best interests. If you are facing criminal charges in Miami, reach out to a lawyer as soon as possible