FAQs
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How do I bond someone out in Florida? Get bail and get out of a Florida jail?
Many times by local administrative order, there is a standard bond schedule. This means that you can bond out without going to first appearance and seeing a judge. Some charges are non-bondable (murder, armed drug trafficking, and burglary with battery, domestic battery). In that case, you have to see the judge within 24 hours. The court will read your charges and determine the amount of your bond. Generally, the Judge has the power to lower or raise your bond even if its already set.
You may hire a lawyer to get the bond reduced if you cannot afford to pay it.
In very serious cases, your attorney may request what is referred to as an “Arthur Hearing.” An Arthur Hearing is often like a mini-trial whereby the state has the burden of proving that the proof is evident that the crime was committed by the defendant and the presumption of guilt is great. In other words, the state must demonstrate that there is an abundance of evidence and that there is a likely possibility that the defendant will be convicted.
What’s a bail bond?
A bail bond is a three-party contract between the Courts, the Bondsman, and the Indemnitor (also called a Cosigner or Guarantor). It is the Bondsman who guarantees to the Court that the accused – when released on bail – will be present for each and every court appearance in the future. In turn, the Indemnitor guarantees to the Bondsman that he/she will make sure that the Defendant goes to Court when required. For this “Bond Contract”, the Bondsman charges a percentage of the total bond, typically 10 percent and will ask for collateral – a house, car, boat – something of value so if the defendant skips town, the bondsman has something to show for it.
What are the different types of bonds?
Cash Bond: You pay the full amount of the bond in cash to the jail where you got booked into. The court can deduct any unpaid fees and/or costs from your cash bond if there is a conviction. You get the rest back at the end of the case so long as you show up to court as agreed. If the case is dropped or you are found not guilty at trial, you get the entire amount back so long as you show up to court.
Surety Bond: It is a contract between the bondsman, the indemnitor (the person paying) and the Court.
ROR: ROR (Release on Own Recognizance). You get ROR if you are not a flight risk and have a local address. If you are a first time offender and if its not a violent crime, you may get ROR.
House Arrest, ELMO and Pre-Trial Services: ELMO stands for Electronic Monitor, and is usually a condition of release in addition to a regular bail bond. The ELMO program is administered either by the local Pre-Trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant’s home.
How long until I can get a loved one out of jail?
Unless you are a celebrity, it takes most people several hours (8 to 12 hours) to bond out, sometimes even 12-24 hours after the bond is posted. Rush Limbaugh was in and out of the Palm Beach county jail in about one hour.
How much is my bail going to be?
It depends on the charge, your prior record, your ties to the community and any prior failures to appear.
What is the law on getting a bond or bail in Florida?
Florida Rule of Criminal Procedure 3.131 (b)(3) states: In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant’s release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant.
How much does a bond or bail cost?
By Florida statute in state court, bondmen charge 10%
Federal Bonds cost 15%
Immigration Bonds range from 15%-20%, depending on the collateral used and the risk
The only other acceptable fee may be charged for transfer bonds, those posted by another bondsman out of their area or in another jurisdiction and federal bonds.
Do I have to pay the full amount of bail?
No. But you should if you are able because you will get that back at the end of the case, so long as the defendant shows up for court.
What’s the bail bond fee and is it refundable?
The bail bond fee is the premium. It is 10% of the bond and its earned when the bond is posted. It’s non-refundable.
If you pay cash and show up for every court date, you get the money back at the end of the case, even if you are found guilty. However, if you owe fines/court costs, the court may deduct that amount from your cash bond.
What’s collateral and what can I use as collateral?
Collateral is something you use as security for your bond, your house, car, motorcycle, boat, anything of value. It guarantees that the you will show up for court. Some bondsman are more lenient with collateral than others.
When do I get the collateral back?
When the case is resolved and the bondsman gets a discharge certificate from the clerk. It takes at least 7-10 days after the case is closed.
How do I know when I have to show up in court?
Your criminal lawyer will tell you of any court dates. He may file a notice of appearance along with a waiver of your appearance. This keeps you working, going to school, etc. while your lawyer shows up for you. If you have a private lawyer or a public defender who does not file a written waiver of your appearance, you will probably have to go to every court date. It is a war of attrition. You will have to keep coming back. You may have to wait all day, miss work, hire someone to watch your kids. Also, the clerk’s office will notify you by mail. They also send notice to the bondsman or in some cases notify them by phone.
Why is there a separate bond for each charge?
Because bondsmen lobbied the state legislature and changed the law.
What if the bond is too high? Can I ask the judge to lower it?
Yes. Your lawyer can file a written motion to reduce bond and set it for a hearing before the judge.
Florida Rules of Criminal Procedure 3.131(d) states:(1) When a judicial officer not possessing trial jurisdiction orders a defendant held to answer before a court having jurisdiction to try the defendant, and bail has been denied or sought to be modified, application by motion may be made to the court having jurisdiction to try the defendant or, in the absence of the judge of the trial court, to the circuit court. The motion shall be determined promptly. No judge or a court of equal or inferior jurisdiction may modify or set a condition of release, unless the judge:(A) imposed the conditions of bail or set the amount of bond required;(B) is the chief judge of the circuit in which the defendant is to be tried;(C) has been assigned to preside over the criminal trial of the defendant; or(D)is the first appearance judge and was authorized by the judge initially setting or denying bail to modify or set conditions of release.(2)Applications by the defendant for modification of bail on any felony charge must be heard by a court in person at a hearing, with the defendant present and with at least 3 hours’ notice to the state attorney and county attorney, if bond forfeiture proceedings are handled by the county attorney. The state may apply for modification of bail by showing good cause and with at least 3 hours’ notice to the attorney for the defendant.(3)If any trial court fixes bail and refuses its reduction before trial, the defendant may institute habeas corpus proceedings seeking reduction of bail. If application is made to the supreme court or district court of appeal, notice and a copy of such application shall be given to the attorney general and the state attorneys. Such proceedings shall be determined promptly.
I have a warrant out for my arrest, what is the bond for my case?
For a violation of probation, there is no bond generally. For other substantive charges, it depends on the charge. If it is a misdemeanor, it may be as low as $1000. For felonies, it will be higher, or it may be set at no bond.
The State wants to revoke bond, can they do that?
They can if you pick up a new charge while out on bond.
Florida Rules of Criminal Procedure 3.131 (f) states:The court in its discretion for good cause, any time after a defendant who is at large on bail appears for trial, may commit the defendant to the custody of the proper official to abide by the judgment, sentence, and any further order of the court.
How to choose a Criminal lawyer, Picking the right criminal attorney for your West Palm Beach criminal case
Trust
Trust is probably the single most important factor in choosing a West Palm Beach criminal lawyer to represent you. Also, you want someone who is honest, listens, and cares about you and your case.
Board Certified by the Florida Bar
Statistically speaking, 99 out of 100 Florida lawyers are not board certified. Board certified lawyers can call themselves “experts” and not get disciplined by the Florida Bar. No other lawyers can. Why? Because they take a separate bar exam, are subjected to peer review by other lawyers they tried cases against and by judges they have tried cases in front of as well. If your case is a criminal case, you should ask the lawyer if they are board certified in criminal trial law. If your life is at stake, you owe it to yourself to hire a Florida Bar board certified criminal trial lawyer. Many folks think that a lawyer is a lawyer. Some think “well, he advertises that he does criminal defense, so he must practice criminal defense.” When lawyers are looking to hire their own lawyer, one of first things they look for is board certification. Board certification is an independent way of verifying the lawyer specializes in his area of certification.
Do I like him?
All things being equal, I do business with people I like. Take your time and talk with the lawyer on the phone, or even better, in person. See if he looks you in the eye, shakes your hand firmly, and makes you feel at ease. If you can’t meet him in person, go with your gut feeling after speaking with him on the phone. If you don’t feel comfortable, go on to the next one.
Passionate
You deserve a lawyer who is passionate about his work. To some lawyers, their career is just a job. It is a way to pay the bills. I have bills to pay as well. However, I wake up every day looking forward to defending the bill of rights and the Constitution and sticking up for the little guy against the government. I love my career. If I won the lottery, I would still practice criminal defense.
Price
For many people accussed of crimes, price is a huge issue when hiring a criminal defense lawyer. Everyone wants to hire the best criminal lawyer they can, but few actually have the money to do so. The folks that don’t have any money are appointed an assistant public defender. Like most things in life, you get what you pay for. If a lawyer is cheap, there’s a reason. A cheap lawyer is generally not going to prepare for depositions, file motions, try your case before a jury or truly fight for you. He is going to plea you out the first chance he gets after doing no work. I see this happen every day in the criminal justice system in Florida. This is no time to skimp with money if you can make it happen. Call your family and friends. Get some credit cards together, sell some stuff and hire the best lawyer that you can. He probably charges more than you want to pay. However, he may be worth it many times over. Especially with your freedom, you don’t want to have the cheapest lawyer in town representing you. What would you pay to keep out of prison for a year? 5 years? 10 years, life? What would you pay to keep your professional license so you can earn a living to provide for your family? What would you pay to gain back your tarnished reputation? Can you really put a dollar value on that?
Experience
Experience is certainly a factor. You want your lawyer to have some criminal defense experience. Many excellent attorneys have a lot of experience. However, an experienced criminal lawyer might also be a horrible lawyer. You don’t want to be stuck with a horrible, yet experienced, lawyer. Your freedom is in his hands. Some older, yet experienced, lawyers may not be up for the fight. On the other hand, a lawyer fresh out of school could be fantastic for you if you get a good vibe off of him. You probably don’t want to be his first client. However, he may have the enthusiasm and work ethic you’re looking for. Jury trials require a lawyer to be on his toes all the time, have knowledge of criminal and civil procedure, case law, jury instructions, know when to make objections and when to shut up. You should ask the criminal defense lawyer “How many jury trials have you done?” That will tell you a lot about him. Also, ask if he is board certified by the Florida Bar in criminal trials.
Communication
Is the lawyer going to call you back? Some lawyers just don’t call their clients back. A great trial lawyer listens and gives you straightforward answers to your questions. Also, he must memorize vast amounts of material, condense it and then effectively communicate it to the jury. The lawyer must speak plain language to be an effective communicator. Many lawyers use big words that some people don’t understand. That’s not communicating. That is being arrogant and ignorant.
Guarantees
Beware of lawyers that guarantee a particular result. While you understandably would want a guarantee as to the outcome, it is unethical for any lawyer to do so. The only thing I guarantee is that I will do everything in my power (both legally and ethically) to fight the criminal charges against you or fight to get you the money you deserve.
Low-Volume Practice
Does the lawyer have the time to devote to your case? Do they have a low-volume practice, so they can give you, the client, the individualized attention that you deserve? When I was a former assistant public defender in Palm Beach county, I handled over 1,000 cases. Typically, I handled 50 to over 100 cases at a time. It is difficult to work cases up like they should be worked up with such a high-volume. Unfortunately, the legislature has determined that spending money to hire more assistant public defenders is not high on their priority list. Some private lawyers have associates that do all the work on their cases. That enables them to have a high-volume practice and make more money. It is impossible for me to be in two places at the same time. Sometimes, I have another lawyer stand in for me, but only to reset the case to when I can be there.
Advertising
This website is an advertisement. Hopefully, you can take the information here with a smaller grain of salt than most lawyer websites. It’s hard to tell much about a lawyer from only an ad. Few lawyers look bad on the internet. Try to confirm more about them through other sources like other lawyers or your friends. A word on “former prosecutors.” Some are great lawyers. However, hiring someone just because they are a “former prosecutor” makes no sense. They may still have the prosecutor’s mentality that “these guys are all dirt bags and need to go to prison, but at least I’m getting paid better now.” Here’s a pervasive myth- one some former prosecutors exploit – you will get preferential treatment because they have a “relationship” with the prosecutors. The prosecutors cannot be bought. The relationship, if there even is still one there, is not going to amount to a hill of beans. Everybody who really practices criminal defense “knows the prosecutor.” That does not mean you’re going to get any preferential treatment from them if you hire a former prosecutor. You won’t.
Leadership in the Community
Does the lawyer take a leadership role in the community? I volunteer every year with the literacy coalition of Palm Beach county reading to kids. As a father of two, I know that reading is important to the development of kids. I also have played guitar and sang throughout Palm Beach county with Inspirit. I have performed at Alzheimer’s communities, old folk’s homes and other places. Inspirit’s mission is to “bring the joy and healing power of live music and the performing arts to those isolated members of our community who are living in a restricted environment.”
Trial Lawyer
You want a lawyer who has a track record of trying cases before juries. I have tried over 100 criminal jury and non-jury trials to verdict. Clarence Darrow used to say “The only real lawyers are trial lawyers and trial lawyers try cases before juries.” I’ve tried first degree murder with a firearm cases, federal drug trafficking, countless DUI and violent cases too.
Continuing Legal Education
You deserve a lawyer who keeps up with changes in the law. The Florida Bar requires lawyers to have 30 continuing legal education credits every three years. Every year, I exceed the required amount of CLE credits. I usually have almost two to three times the required amount of CLE credits by the end of the 3 year term. I even teach other lawyers about special jury instructions at conferences like the national NORML (www.norml.org) conference in Key West, Florida and presented Evidentiary issues in domestic violence cases, Florida Bar, 2013. Although the live presentation was at the Hyatt Regency in Fort Lauderdale, the webinar was statewide.
You are still reading? Ok, I will tell you what my grandpa Paps used to tell me. Paps was a decorated World War II veteran who stormed the beaches at Normandy. I lived with my grandparents when I was a teenager and learned a great deal from them. Anyway, Paps always told me “When I was in the military, they taught us – you have to tell ‘em what you’re gonna tell ‘em, then tell ‘em, and then tell ‘em what you told ‘em.” So here it is:
Trust
Trust is probably the single most important factor in choosing a criminal defense lawyer to represent you. Also, you want someone who is honest, listens, and cares about you and your case.
First time offender guide
Guide to Florida criminal trial process for 1st time offenders
What happens after an arrest? What is the process like?
Arrest
The arrest is what triggers the beginning of the criminal trial process. An arrest can be a formal arrest with handcuffs and getting booked into jail. However, a notice to appear is an arrest for purposes of speedy trial, among other things.
What is first appearance?
First appearance is a hearing when you see the judge right after you’ve been arrested. Generally, it is within 24 hours of your arrest. The judge may or may not set a bond in your case. In a serious felony case, you may not get a bond pre-trial. If you want to bond out of jail, it is best to have a criminal lawyer, preferably a board certified criminal trial lawyer, to help you get a reasonable bond.
How do I bond out?
A loved one can pay cash for the bond and get all their money back at the end of the case – provided you show up to all court hearings. A criminal lawyer can waive your presence for most court hearings if the proper waiver of appearance is filed. If you or a loved one do not have the cash, you can use a bondsman. They charge 10% of the bond amount. They may require collateral as well – a house with equity, car, boat or other property. After the bond is posted, it still may take several hours before you are released. For a more detailed discussion with video on how to bond someone out of jail in West Palm Beach, Florida, click here.
What is an arraignment?
An arraignment is when you or your lawyer enter a plea of not guilty to the charges. If you retain counsel, generally, you will not have to show up for the arraignment. Another court date will be set in about 30 days.
Do I have to show up to every court date?
Yes, unless a written waiver of your appearance is in the court file. Typically, I do this for my clients so they don’t miss work or school. With a written waiver of the client’s appearance in the file, I can show up for most hearings for them. However, motion hearings, plea coferences and jury trials typcially require the client’s presence. Some exceptions apply.
How long does a criminal case take in Florida?
It depends on whether it is misdemeanor or a felony.
How long does a typical Florida misdemeanor case take?
Day 1 – Notice to appear via a citation or arrest
Day 2 – First appearance, judge sets a bond (or no bond)
Day 7 – If judge sets no bond or client can’t make bond because it is too high, file a motion to set or reduce bond
Day 30 – Arraignment (plea not guilty to charges)
Day 60 – Case Disposition (get discovery from State)
Day 90 – Calendar Call (set for trial, motion or a plea conference)
Day 100 – Trial, plea or motion to suppress hearing
Generally, misdemeanor cases are resolved within a few months.
How long does a typical Florida felony case take?
Day 1 – Arrest
Day 2 – First appearance, judge sets a bond (or no bond)
Day 7 – If judge sets no bond or client can’t make bond because it is too high, file a motion to set (maybe an Arthur hearing for serious cases) or reduce bond
Day 30 – Arraignment (plea not guilty to charges)
Day 60 – Case Disposition (get discovery from State)
Day 120 – Calendar Call (set for trial, motion or a plea conference)
Day 175 – Trial, plea or motion to suppress hearing
Felony cases are usually resolved within 6 months. However, complex felony cases, like murder, may take one to two years.
What is the speedy trial time period in Florida?
Speedy trial time period for a misdemeanor in Florida is 90 days from arrest. Felony cases, 175 days. Sometimes criminal lawyers will waive speedy trial. However, you can demand speedy trial at any time and generally get your trial within 60 days of filing the demand.
What kind of things to criminal lawyers do to protect their client’s rights?
In every criminal case, a good criminal lawyer will first listen to the client’s story and get to know the client. This is key. I once represented a client who told me how the stop and arrest went down. I got the video a couple of weeks later and it was just as the client said. The cop lied in his probable cause affidavit, at deposition and at the motion to suppress hearing. We proved it via the video. He did not know the video recorded 30 seconds before his lights went off. The judge made a factual finding at the motion to suppress that the cop’s probable cause affidavit was directly contradictory to the irrefutable video evidence we produced. Motion to suppress the stop was granted. All charges were dismissed.
After listening to the client’s story, there may be a visit to the scene of the alleged crime. Photos. Video. Talking to witnesses. In felony cases, depositions. Depositions are where a criminal lawyer gets to ask questions of witnesses to prepare a proper defense.
A great criminal lawyer spots issues in criminal cases. A criminal lawyer cannot argue for an issue he does not spot.
Did the police arrest the client based on probable cause?
Was Miranda read? If not, did the client answer questions designed to ellicit an incriminating response? Can those statements be suppressed or thrown out?
Was the patdown good? Sometimes called a “Terry” search.
Do any privileges apply via statute or the evidence code that would exclude certain evidence? How does that exclusion affect the case?
What are the witnesses like? Are they trustworthy? Convicted felons? Cops with abuse records or internal affairs complaints that were sustained?
What is the client like? Does he have an extensive prior criminal record? No prior criminal history? Will he make a good witness?
Who is the judge presiding over the case? Their reputation?
Who is the prosecutor for the State of Florida? Their reputation?
Who is the criminal defense lawyer on the case? Their reputation?
I hope you find this first time offender’s guide to the Florida criminal trial process helpful. It is not meant to replace a board certified criminal trial lawyer’s actual advice to you.
What is a first appearance hearing? What happens in a first appearance in West Palm Beach, Florida?
After arrest, a defendant goes before the first appearance judge within 24 hours. Generally, at the first appearance hearing,
-Your criminal lawyer will try to get you a bond at first appearance so you can get out of jail
-Your criminal attorney may argue that there is no probable cause for the charges and try to get you released on your own recognizance
-The Florida first appearance judge will inform you of certain rights you have
-The Florida first appearance judge will inform you of the nature of the charges against you
-The Florida first appearance judge will set an arraignment date for your criminal case.
If your Palm Beach criminal lawyer gets a loved one a reasonable bond at first appearance, your loved one will typically get out of jail about 12 hours after the bond is posted.
Your Florida criminal lawyer at First appearance will try to get you out of jail – get you a bail bond
At first appearance in West Palm Beach, your criminal lawyer will try to get you bail so you can bond out. In West Palm Beach, Florida, the first appearance hearings are at the Gun Club jail at 3228 Gun Club Rd. West Palm Beach, Florida, 33406. Typically, they are heard at 9 a.m. each and every day – even Christmas day. In Palm Beach county, first appearance from Belle Glade is usually done first because it is done via electronic means. However, the West Palm Beach first appearance judge may call up the interpreter cases out of order. If your loved one speaks another language – Spanish, Portuguese, French, Creole, or otherwise, they are entitled to understand what is going on. The judge will get an interpreter – via electronic means or in person – to help. The juveniles typically go after the Belle Glade cases. Juveniles that are indicted or charged as adults are entitled to a first appearance within 24 hours after the information or indictment was filed. From there, usually the West Palm Beach first appearance judge will take private criminal lawyer cases first. Then, everybody else.
The Florida first appearance judge may or may not set a bond. You can find more info on how to bond bail someone out of jail in West Palm Beach Florida here. If a loved one was arrested on a VOP (violation of probation) in Palm Beach county, they will typically be held no bond. That means your lawyer must file a written motion to set bond as discussed here.
Your criminal lawyer at First appearance may argue no probable cause to get you released without having to pay a bond
Your criminal lawyer at the first appearance hearing, may argue there is no probable cause for the charges. If the judge agrees, you may be released on your own recognizance (commonly called “O.R.”). The judge may find probable cause for a lesser included offense. An example could be you were arrested for aggravated battery with a deadly weapon. However, the facts proved that in a light most favorable to the State Attorney, it was merely a fistfight with no serious bodily injury. In that case, your first appearance lawyer could argue there was no probable cause for aggravated battery. However, there was probable cause for misdemeanor battery. That could make a huge difference in your record – a misdemeanor vs. a felony – and a huge difference in your bond.
The Florida first appearance judge is supposed to tell the accused at first appearance about certain rights like:
What the charges are, you have the right to remain silent, anything you say can and will be used against you, you have the right to a lawyer.
You will be informed of the nature of the criminal charges against you at first appearance
Your private criminal lawyer or assistant public defender (APD) should get a copy of the probable cause affidavit (the police report). You should let your criminal attorney do all of the talking. The hearing is recorded. You may say something that could harm you later. If you don’t have any money, the judge will appoint an APD to represent you. If your private lawyer is not at first appearance and you need to get in touch with your lawyer, tell the judge and he will get the courtroom deputy or someone to call your lawyer. The first appearance judge may reset your case toward the end of the docket, later that day or the next day so your lawyer can be there.
At the end of the Florida first appearance hearing a court date will be set for arraignment
The first appearance judge will also set an arraignment date, which is usually about 30 days from arrest. You can find more info about the timeline of a Florida criminal case, how long a criminal case in West Palm Beach takes, what the process is here. People who are arrested on out of county warrants or out of state warrants will also see the judge at first appearance.
A first appearance hearing in West Palm Beach, Florida is typically a very quick hearing. However, it is very important for these reasons:
If your Palm Beach criminal lawyer gets a loved one a reasonable bond at first appearance, your loved one will typically get out of jail about 12 hours after the bond is posted.
A bond could be lowered or the defendant could be released on their own recognizance if the lawyer successfully argues no probable cause for the criminal charges.
A defendant may make statements on the record that can be used against them at a later time. It is important to let the lawyer do all of the talking. A criminal lawyer can help protect you and your rights at the first appearance hearing.
Bail bond in Federal Court, Detention hearing
How do I post bond or get bail in a federal criminal case? (called a detention hearing in federal court)
Clients all want to know if they will be able to post a bond or get out of jail. Your one and only shot at getting out of jail on a bond in federal court is to win the detention hearing.
The reality is some people in federal criminal court in Florida are held PTD or pre-trial detention. In other words, they do not get out of jail before trial.
Theoretically, the judge can release you O.R. or on your own recognizance, release you on some type of conditions, which must be the least restrictive. You may be detained before trial. In federal court, it’s called pre-trial detention.
Sometimes, the government will ask for pre-trial detention. The judge will consider whether you are a flight risk and a danger to the community.
There is a presumption that no condition or combination of conditions will get you to show up to court and keep the community safe if you are charged with a drug offense or violent offense that is punishable by ten years or more. In Federal court, the AUSA usually says the “presumption applies.” However, this is a rebuttable presumption, which means you can overcome that by effective cross examination of the agents and possibly putting on witnesses yourself or proceeding by proffer (telling the judge what you think the evidence would show).
The detention hearing is sometimes held at the same time as the arraignment. However, your lawyer can ask for a continuance. The judge will usually grant the request, but for no longer than 5 days. The detention hearing is critical. The government may proceed by proffer. That is, they may just tell the judge about the case and why you are a risk of flight and a danger to the community. Typically, even if the government proceeds by proffer, they will have an agent (not necessarily the one with the most information) available for cross examination. Your lawyer will generally get one chance (at the detention hearing) to cross examine the agent(s) before trial. The government will know how much of a fight your lawyer is going to put up based, in part, on how he cross examines the agents. A great cross examination at the detention hearing is usually your best shot at getting out of jail before trial. Your lawyer can also call witnesses to say you’re going to show up for court, and to testify that you are not a danger to the community. Your federal criminal lawyer may also proceed by proffer.
Appeal of denial of bond/bail in federal court
If the magistrate judge (magistrates typically handle all the detention hearings) improperly denies bail/bond, you can appeal the decision. A magistrate is not an article III judge.
The appeal goes to the district court. The district court must look at everything anew – called reviewing the matter de novo – and undertake a complete review of the matter and make it’s own independent conclusion.
Driver’s license suspension for Florida DUI
Florida Driver’s License DUI suspensions
Hardship driver’s license in Florida
In a Florida DUI case, the citation you receive from the officer is your temporary driver’s license. The temporary driver’s license is valid for the 10 days following the date you receive the citation. Before the 10 days are up, you or your DUI lawyer should file for a formal review hearing. For more information about getting a hardship license without requesting the formal review hearing, see my page on Florida DUI driving timeline.
Do I really need a lawyer to represent me?
Yes. If you hire a lawyer before the 10 days are up, and this is your first DUI, the lawyer will be able to get you a temporary driving permit, usually in less than a week. A temporary driving permit allows you to drive for business purposes only. This means that if you get pulled over, you better be driving to or from work, the grocery store, or the doctor. Although you could represent yourself at the formal review hearing, I would recommend hiring a lawyer to represent you. It is possible that someone has been successful at getting his or her license back at the hearing without a lawyer, but I have never seen or heard of anyone. You should hire a lawyer who specializes in criminal cases like DUI cases immediately.
How long will I have my temporary driving permit?
Your permit or, as it is often referred to, business purposes only license is valid usually for 30-45 days.
What happens to my drivers license after the DMV formal review hearing for DUI?
If we win the DMV hearing, you will get your license back. If we lose, your license will be suspended for at least 6 months if you blew over a .08 (the legal limit in Florida). If you refused to blow and this was the first time you have refused, your license will be suspended for a minimum of 12 months. If you have refused to blow before, your license will be suspended for a minimum of 18 months.
It is very important to understand that – unfortunately – most of the time we will lose the DMV hearing. Now I know that is probably not what you wanted to hear, but this is the truth. I have won cases because an officer, who I subpoenaed, did not show for the hearing. This is what I like to call the fog test. If the officers show up, and if you were to put a mirror under their chin – if the mirror would fog up, you lose. I have won DMV hearings when all the officers showed up, but those occasions are rare. Usually, it’s because there was a clear-cut, valid motion to suppress (the stop was bad).
Even if we lose at the formal review hearing with the DMV, it is not all bad news. The great thing about the hearing is that it is like a free deposition. Lawyers use depositions as a discovery tool to gather information. A deposition allows the lawyer to subpoena witnesses to come talk to the lawyer. Everything is recorded and the lawyer gets to ask the witness questions, review all police reports and maintenance information on the breath machine. Basically, the deposition allows the lawyer to uncover any and all weaknesses in the State’s case. This is unique in Florida because you generally are entitled to depositions only in felony cases (a crime punishable by at least a year and a day in prison). The moral is you should hire a lawyer who specializes in criminal cases like DUI immediately to uncover weaknesses in the State’s case against you.
Can I get a hardship license even if we lose the DMV hearing?
The short answer: “Yes – if you are eligible.” You may be eligible for a hardship license if this is your first DUI and you either blew over a .08 or you refused the breath test. If this is your first DUI and you blew over a .08, you can apply for a hardship license after 30 days of hard-time (no driving) after your temporary permit expires. People at the DMV typically call it “hard-time” which just means during that time you can not drive. You are not eligible for a hardship license during the “hard-time” no driving period. You must also enroll in the DUI school, and get a hand written copy of your driving record from the clerk’s office to take to the DMV and pay them $.
If this is your first DUI and you refused the breath test, you can apply for a hardship license after 90 days of hard time (no driving) after your temporary permit expires. You must also enroll in the DUI school and get a hand written copy of your driving record from the clerk’s office to take to the DMV and pay them $. There are two ways a driver’s license can be suspended in a DUI case. First, the DMV can administratively suspend your driver’s license. Second, a driver’s license can be suspended in a criminal case.
Let’s look at the license suspensions in criminal cases.
License suspensions in criminal cases for DUI in Florida:
If you plead guilty or lose at trial, your license will be suspended for the criminal case in addition to any administrative suspension.
Here’s a handy chart for license suspensions in criminal cases:
First DUI conviction Minimum 6 months revocation. Maximum 1 year.
Second DUI conviction within 5 years of first conviction Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year
Second DUI conviction outside of 5 years of first conviction
Minimum 6 months revocation. Maximum 1 year.
Third DUI conviction within 10 years of second conviction
Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years.
Third DUI conviction outside of 10 years of second conviction
Minimum 6 months revocation. Maximum 1 year.
Fourth DUI conviction at any time
Mandatory permanent revocation. Hardship reinstatement possible effective October 1, 2010. The issues are complex. You need a lawyer to help you if you are eligible.
Murder with a motor vehicle
Mandatory permanent revocation. No hardship reinstatement.
DUI manslaughter
Mandatory permanent revocation. If you have no prior DUI related convictions, you may be eligible for a hardship reinstatement after 5 years.
Manslaughter, DUI Serious Bodily Injury, or Vehicle Homicide Convictions:
Minimum 3-year revocation. If you are convicted of DUI Serious Bodily Injury, the revocations are the same for a 2nd within 5 years, 3rd within 10 years, and 4th conviction, depending on your prior convictions.
For more info about DUI or driving under the influence in Florida, you can order my book “Avoiding or Surviving a Florida DUI” on amazon.com.
Driving while license suspended, cancelled or revoked lawyer in Florida
Lack of knowledge is a defense to driving while license suspended, cancelled or revoked in Florida
If you did not know your driver’s license was suspended, that is a valid defense under Florida law.
How does the State of Florida attempt to prove your knowledge?
-If you have previously been cited or arrested for driving while license suspended, cancelled or revoked.
-You admit you knew it was suspended or received proper notice.
Driving while license suspended, cancelled or revoked is an enhancement crime. The more you do it, the worse the penalties get. If you are convicted 3 times within 5 years, there is a mandatory 5 year driver’s license revocation. Note that withhold of adjudications count for the enhancement. So, even if you got a withhold of adjudication on each of the DWLS cases, they count for purposes of enhancement.
What are the penalties for knowingly driving while driver’s license was suspended, cancelled or revoked?
First time: 60 days jail, $500 fine
Second time: 1 year in jail, $1,000 fine
Third or subsequent conviction or habitual traffic offender: 5 years prison, $5,000 fine.
What are the penalties for commercial drivers in Florida charged with driving while license suspended, cancelled or revoked?
First time: 1 year in jail, $1,000 fine
Second or subsequent time: 5 years prison, $5,000 fine.
What are some common reasons a driver’s license may be suspended, cancelled or revoked in Florida?
Failure to pay a ticket – driving while license suspended charge
Driver’s license suspension for failure to pay a ticket may be the most common reason a person gets a driving while license suspended charge in Florida. Knowledge is key. If you did not know your driver’s license was suspended, that is a valid defense under Florida law. It is typically a stronger defense as to lack of knowledge in a failure to pay a ticket case as opposed to a drug conviction revocation or a DUI suspension. In those cases, the prosecutor may pull up the prior plea agreement and sentence to prove you had knowledge of the prior suspension.
Driver’s license revocation for 893 (possession, sale, trafficking in drugs)
If a person is convicted of a drug offense – regardless of whether it is a possession, sale, or trafficking of a controlled substance, there is a 2 (two) year driver’s license revocation. However, a person may apply for a hardship after 6 (six) months. Note that a withhold of adjudication does not count for purposes of the driver’s license revocation under chapter 893. This is applicable to all felony drug offenses and even to misdemeanor possession of marijuana cases.
Driving while license suspended or revoked for DUI
Driving while license suspended or revoked for DUI is more serious than a suspension based on failing to pay a ticket.
The length of driver’s license revocation for DUI depends on a number of factors. Is it your first, second, third or fourth DUI? Was there a crash? Damage to persons or property? A child in the car at the time of the offense? Was anyone seriously injured?
Generally, the driver’s license revocation periods for DUI are:
1st time DUI
6 months to 1 year
2nd DUI within 5 years of last DUI
5 year revocation
3rd DUI within 10 years
10 year revocation
4th DUI
Permanent revocation
There are two potential driver’s license suspensions for every DUI case. One is for the criminal case. The other is an administrative suspension from the department of highway safety motor vehicles.
Administrative DHSMV DUI driver’s license suspension
Generally, these are the suspensions/revocations at the DHSMV:
1st DUI, blow
6 months suspension (May be eligible for a hardship after 30 days and sign up for the DUI class)
1st DUI refusal to blow
12 month suspension (May be eligible for a hardship after 90 days and sign up for the DUI class)
2nd or subsequent DUI refusal to blow
18 month suspension
Information on a DUI hardship license and the process of the DHSMV (department of highway safety motor vehicles is covered here.
See my book “Avoiding or Surviving a Florida DUI” on www.amazon.com for more details on driving revocations for DUI, how to get a hardship driver’s license in Florida for DUI if you are eligible, how to beat a DUI, among other topics.
Failure to pay child support
Driver’s license suspension for failure to pay child support (support delinquency) is another common reason for a driving while license suspended charge in Florida.
Conviction in another state
The DHSMV can suspend or revoke a Florida resident’s driver’s license if they get notice of a conviction in another state or foreign country of an offense, that if committed in Florida, would be grounds to revoke or suspend your license here in Florida.
Failure to pay a judgment
Let’s say you got into a car accident. It was your fault. A judgment was entered against you. You owe the money, but didn’t pay it. That could be grounds for the DHSMV suspending your driver’s license. Sometimes the judgment amount is huge. I have helped people get their driver’s licenses back by negotiating a payment plan with the victim and submitting that agreement to DHSMV.
Permanent revocation of a driver’s license in Florida
Murder as a result of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI related conviction of a 4th DUI, failure to stop and render aid as required by law after a crash resulting in death or personal injury of another, conviction of three charges of reckless driving committed within a period of 12 months, all require a permanent driver’s license revocations.
The truth about the federal criminal trial process explained in plain English
Many people are unfamiliar with the federal criminal justice system. This includes many criminal defense lawyers. In Florida, most criminal lawyers only do state court work. What you will find here is the truth about the federal criminal trial process. Hopefully, some of your questions regarding federal criminal cases will be answered.
How are federal criminal cases different from state court criminal cases?
The Feds, unlike their state counterparts, take their time working up a criminal case. They take months, sometimes years building a federal case. Sometimes the federal government will wiretap your phone, send a snitch in to rat you out, conduct video surveillance of you and/or talk to everyone around you. Then, after they do all of that, they will try to get you to confess.
What happens during the initial investigation of a federal criminal case?
Every case is different. However, during the initial investigation, you may be contacted by federal agents like the DEA. You may be the target of an investigation or receive a target letter. Or, maybe, you are just a material witness. They may show up to your house, where you work or talk to people who know you. The feds usually have already made up their mind that they are going to arrest you and charge you with a crime. The question is whether you will confess, make a false statement, or invoke your right to remain silent and/or your right to a lawyer.
What should I do if approached by federal agents like the US Marshals, DEA or FBI?
You should say:
This should stop all questioning. In some situations, it may be in your best interest to speak with the Feds. However, you may not want to make any statements without your federal criminal lawyer present. I say federal criminal lawyer because most criminal lawyers never set foot inside a federal courthouse. If you do make statements without your federal criminal lawyer present, you may regret it. Although you may have good intentions and want to explain your side of the story (you are innocent, wrong place at the wrong time), the federal government can and will use your own words to help send you to prison. They may even charge you with making a false statement to the feds if you lie. This is regardless of whether they have enough evidence to convict you on any other charge.
What happens after federal agents finish their investigation?
The assistant united states attorney typically gets the case handed to them after all the leg work has been completed – on a silver platter. All thanks to the case agent. The AUSA will decide whether to file criminal charges right away via a complaint or go forward with a grand jury for an indictment.
What is the first charging document in a federal criminal case?
The complaint, which is a written statement of the essential facts constituting the offense charged, is sometimes filed first. It must be under oath before a judge. Typically, the indictment will be filed shortly after. In some cases, an Information is filed. If an information is filed, usually, the defendant is a cooperating witness or a deal has already been struck with the assistant United States attorney (called an “AUSA”) to plead guilty. Often certain charges are not filed as part of the negotiated plea.
Arrest warrant
Based on a Complaint, if the judge determines there is probable cause to believe an offense has been committed, he will sign the warrant for your arrest. Federal marshals or other police officers will execute the warrant.
What role does the grand jury have in an indictment, or charging document?
The grand jury hears evidence presented by an assistant United States attorney. Their job is to decide whether they will vote to indict a person or persons. A grand jury must have 16 to 23 members. They are people from the local district. The judge appoints one person as a foreperson and another as the deputy foreperson. The foreperson records the number of people voting to indict. The magic number is 12. At least 12 members of the grand jury must vote to indict. If there are 23 members and only 12 vote to indict, that’s just barely over 50%! A witness called before the grand jury has no right to have a lawyer there at the proceedings.
Assistant United States attorneys, the witness being questioned, an interpreter (if needed), and a court reporter are the only people allowed while the grand jury is in session. The grand jury deliberates in private (with the possible exception of an interpreter). The proceedings are recorded. The assistant United States attorneys usually keep the recording and any transcripts. The magistrate judge usually seals the indictment. The government wants to keep the indictment a secret because they do not want defendants leaving the country. They want to arrest defendants as soon as possible, before they find out about the charges.
What is an indictment?
An indictment charging document. Generally, a felony must be prosecuted by indictment. Felonies are punishable by death or imprisonment for more than one year. The indictment must state a written statement of the allegations and a citation to the statute you allegedly violated. The government will usually add a criminal forfeiture count to the charging document, which is required if they want to take away your money or personal property. Sometimes the government will add counts or charges and file a superseding indictment.
What happens after you are arrested in Federal court? Do you see a judge right away?
Generally, you must be taken to a magistrate judge without unnecessary delay. This is for what is called an initial appearance. Typically, you will see a magistrate judge within a day or two after your arrest. In a felony case, (most every case in Federal court), the Judge must tell you:
What is an arraignment in Federal court?
Generally, you will be present in Federal court for your arraignment. Generally, you enter a plea of not guilty to the charges at arraignment. You must have a copy of the charging document (usually an Indictment, but sometimes an information). You will go over the charging document and the maximum penalties with your lawyer at or before arraignment. There may also be a minimum mandatory prison sentence depending on the charge. Typical ones include drugs and guns. The charges must be read to you, unless you waive that right. Usually, your lawyer will enter a plea of not guilty, waive formal reading of the indictment, ask for the judge to enter a standing discovery order, and demand a jury trial. The judge will usually set the time for pretrial motions to be filed and a trial date. Things move quick in federal criminal court. Your trial date may be set just over a month from your arraignment. There are exceptions. For instance, if it is in the interests of justice, you and your lawyer may file a written waiver of your right to a speedy trial.
What happens after the arraignment? What is discovery like in federal criminal court?
Your lawyer will get discovery in the case after the arraignment. What is included in the discovery depends on the case. For instance, there may be audio and/or video recordings in a typical drug conspiracy case. In a fraud case, there may be a multitude of documents documenting the alleged fraud. Generally, there are no depositions in federal criminal court, unlike Florida state court. After reviewing the discovery with you, your lawyer will discuss strategy on how best to resolve your federal criminal case. The reality is that most people in federal criminal court plead guilty to get lighter sentences. The government offers reductions in sentences in exchange for a guilty plea. Clients who want to fight their cases want to win either via a pretrial motion or at trial.
What is a pretrial motion to suppress evidence? How can I win a federal criminal case before trial through a pretrial motion?
Generally, a pretrial motion is a document lawyers file to get the government or judge to do something, raise an objection or raise a defense. Motions are filed electronically in federal court. The motion should be addressed to the judge so he can decide it. A proposed order should be included for the judge to sign if he agrees to the motion. All pretrial motions should have specific facts and law that support it.
The most important pretrial motion to be filed for your criminal case may be a motion to suppress evidence. If federal agents violated your constitutional rights, the evidence they found should get thrown out of court. Motions to suppress are usually based on a violation of your personal rights under the 4th, 5th, and 6th amendments to the United States Constitution.
The judge will usually have a hearing on the motion to suppress before trial. The government puts on the agents and your lawyer cross examines the agents. Most of the time in Federal Court, you will not get depositions (a chance to ask the witnesses questions before trial). One exception may be if someone is dying, to get their testimony recorded before they die. If the judge grants your motion to suppress evidence, your case could get thrown out. Most federal agents are trained better than the average cop on road patrol. As a result, they tend to have tighter cases than their state court counterparts.
What is an example of a motion to suppress evidence?
For instance, I filed a motion to suppress in a federal drug case involving two separate grow houses for marijuana (cultivation of marijuana) in South Florida. My client was theoretically facing up to 160 years in prison. Federal agents and police entered into a house just after midnight without a search warrant. The issue was whether consent was freely and voluntarily given by a Spanish speaking couple who did not understand English. The client was initially charged by indictment with:
After the motion to suppress for the marijuana grow house was heard, I negotiated a plea deal for the Federal government to drop all counts (maximum of 160 years in prison). In exchange, my client pled guilty to a one count information charging misdemeanor possession of marijuana. The client was only sentenced to probation. She was successful on probation. She was not sentenced to jail.
Should I plead guilty to a federal criminal charge? Should I take it to trial?
You have a constitutional right to a jury trial in a criminal case. This is in the 6th amendment to the United States Constitution. Trial must be by jury unless you waive it in writing and the government and judge agree. Generally, 12 people will sit on the jury, with a couple of alternates. Most judges like alternates to be there just in case someone gets sick, has to take care of a loved one, etc. However, if everyone agrees in writing before the verdict (defense, government and the judge), the jury may consist of less than 12 people. After the jury starts to deliberate, the judge may permit a jury of 11 people to return a verdict even if we don’t all agree. The judge must have some good reason to excuse the juror.
You have no constitutional right to a plea bargain. However, in reality, the truth is in Federal criminal court, many times clients plead guilty. The government offers clients reductions in their prison sentences for pleading guilty. Sometimes, the government will want the clients to cooperate with them to get other alleged criminals. In exchange, the government offers even more reductions in their sentences.
Clients should know of the potential risk of going to trial (going to prison for a long time) and the potential benefits (being found not guilty or winning a motion to suppress and getting the case dropped). There are a number of factors at work here like how good the facts are, the witnesses, the law, the lawyers, the judge, etc.). Ultimately, it is the client’s decision, one of the most important in their lives – whether to plead guilty or take it to trial.
What happens if I am found guilty in federal court?
Most people go to prison for a substantial period of time if convicted of criminal charges in federal court. How much time depends on a number of factors. What the federal crimes were, the surrounding facts, the victims input, what the federal sentencing guideline range for the offense was, any aggravating or mitigating factors, the defendant’s prior record of criminal activity, the lawyers, and the judge. Ultimately, the proper sentence is up to the judge. The judge is supposed to fashion a sentence that is sufficient but not greater than necessary to achieve certain enumerated factors set forth by Congress. The judge has to calculate and consider the guideline range for the offenses. Even though the sentencing guidelines are just that – guidelines – to a large extent, federal judges still sentence defendants within the guideline range. Every case is different. There are exceptions. Generally, judges cannot sentence a defendant to something less than a minimum mandatory prison sentence unless the defendant offers substantial assistance under 5k1.1(rats other people out and the government is happy with the results) or is safety valve eligible (no priors or one point – category one, minimal participant, not an organizer, manager or leader and no violence or threats of violence or guns used, and the defendant cooperates with the AUSA).
I hope you find this information on federal criminal court useful. I’ve tried to tell the truth about federal criminal court here. If you would like to talk about your loved one’s federal criminal case, please call me.
Most trials follow a basic procedural format in Florida. The procedure includes:
· Opening Statements
Both parties may make an opening statement. The opening argument (note I call it an argument, not a statement) is the defense’s first opportunity to tell the client’s story, coupled with the theme of the case and ask for a not guilty verdict.
· State’s Case
The state presents its case first. This will can consist of witness testimony, photos, video, 911 calls, and physical evidence. The defense cross examines witnesses.
· Defense Case
The defense has no burden of proof in a criminal case. The defense many times does not put on a case. However, a defendant may present his case and he himself may be a witness at the trial. However, he may choose not to testify. The prosecutor is not allowed to comment on this decision.
· Rebuttal of the State
The state may present rebuttal testimony based solely on the issues the defense presented in its case.
· Charge Conference
This conference is held prior to closing arguments to determine jury instructions. Many times I ask for special jury instructions. The 4th DCA in an opinion stated that my special jury instruction for drug cases (constructive possession) was proper and should have been granted. They reversed the conviction because of that. Also, the 4th district court of appeals recommended that my special jury instruction be included in the new standard criminal jury instructions for Florida.
· Closing Arguments
The prosecuting attorney presents a closing argument; then, the defense will respond. Then, the prosecuting attorney may reply in rebuttal. The government gets the “sandwich” as it is called.
Verdict
Verdict is read by the clerk.
The definitive guide to Miranda rights in Florida
Miranda rights are perhaps one of the most misunderstood rights in criminal law. While we have all heard the rights read on television, they are not always read correctly. That alone may be a basis to get the statements thrown out. Many times the cops do not read Miranda rights to defendants. Also, many people think that they can get their case “thrown out” because the “cops didn’t give me my Miranda rights.” Cops don’t “give” rights. The constitution and the court’s interpretation of those rights do. If the cops don’t read (or correctly state) Miranda rights and you make incriminating statements, those statements could be suppressed (thrown out of court). This Miranda rights guide is by West Palm Beach, Florida criminal lawyer Grey Tesh. Grey has successfully argued Miranda rights issues before the Florida Supreme Court on a first degree murder case. The Florida Supreme Court opinion is here.
What are Miranda rights?
Does an officer have to read me my Miranda rights?
The police didn’t read me my Miranda rights, can I get the case thrown out of court?
How do Miranda rights protect people?
Specific examples of ways to win a case based on a Miranda violation in Florida.
After a police officer informs me of my right to remain silent and my right to have a lawyer, is it a mistake for me to talk to police?
Do I have to answer questions from police officers?
Let’s say, it’s too late. Before learning about the importance of using my Miranda rights, I was arrested by police, and I talked to them and answered their questions. Should I conclude all is lost?
The Officer told me I would get a better deal if I talked…is this true?
What happens if (1) the police say they informed you of your Miranda rights (2) you remember clearly that the police did not do so, and (3) there are no other witnesses?
When does a failure by police to inform a person or his Miranda rights result in the case being dropped by the Government, or being thrown out by the judge?
If the police stop me, and I tell police I want to remain silent, can the Government, or a witness for the Government, later tell a judge, or jury, that my decision to remain silent shows I am guilty?
What happens if the police just ask me if I want to talk to them?
Why shouldn’t the jury be allowed to know if a person was silent, whether before arrest, at the time of the arrest, or thereafter?
Why is your criminal lawyer’s knowledge of Miranda rights under Florida law important?
Why, as Americans, do we have the right to remain silent?
What does it mean to “invoke” one’s Miranda rights?
What does it mean to “incriminate” oneself?
What does it mean for evidence to be “suppressed”?
What is the Fifth Amendment?
What is the Fourteenth Amendment?
What is the Constitution?
What is the Bill of Rights?
What are Miranda Rights?
In 1966, the United States Supreme Court ruled that, if the police stop a person from going about his business, before the officers ask questions or say things that might cause the person to say something negative about himself, the police must inform the person that he or she has “the right to remain silent.”
That is to say, when a person is stopped by a police officer, the law in the United States does not require a person to say anything at all.
The Supreme Court issued this ruling in a case named Miranda versus Arizona. The name of the person accused in that case was Ernesto Miranda, and he had been prosecuted by the State of Arizona.
And that is why the right to remain silent, and related rights, are known as “Miranda rights.”
You may know from television or movies that Miranda rights go, more or less, as follows:
You have the right to remain silent.
If you give up your right to remain silent, anything you say, can and will be used against you in a court of law.
You have the right to have an attorney present.
If you cannot afford an attorney, one will be appointed to represent you.
The law does not require that the officer read or tell you about these rights in these exact words.
But the officer must still inform you of each of these rights in a way that is clear, accurate, and understandable.
And before asking you any questions, he must obtain a clear indication from you that you understand these rights.
Does an Officer have to read me my Miranda Rights?
No. The police don’t ever have to read Miranda to you. The only time the police should is if you are in custody (not free to leave) and they’re interrogating you (asking you questions designed to illicit an incriminating response). If they don’t, and those circumstances are present, then any statements you make should be thrown out of court. That’s the remedy – suppression of your statements.
The police didn’t read me my Miranda Rights. Can I get my case thrown out of court?
What happens if the police forget to inform a person of his Miranda rights?
That’s a good question.
And the answer is: It depends on the circumstances.
In Florida, the law requires that, before police can legally stop a person on the street, or driving along the highway, the police must have what the law calls a “reasonable suspicion” that the person is involved in criminal activity (which can include something as simple as violating a traffic law).
It is not enough that the police have a feeling, a hunch, or a guess that a person is involved in criminal activity; to the contrary, the officer must be able to describe the basis of his suspicion in clear, understandable language.
Now, if the police stop a person with reasonable suspicion that the person is involved in criminal activity, then before asking the person questions, and before saying things that might lead the person to give negative or damaging information about himself, the police must inform the person of his Miranda rights.
And what are your Miranda rights:
You have the right to remain silent. If you give up your right to remain silent, anything you say, can and will be used against you in a court of law. You have the right to have an attorney present. If you cannot afford an attorney, one will be appointed to represent you.
If the police stop a person, and then ask him potentially damaging questions without first informing him of his Miranda rights, then the result is very dramatic: any information the person provided that is negative or damaging about himself cannot be admitted against the person in a court of law.
In addition, and this is important, any information provided by the person that leads to additional negative or damaging evidence also cannot be used against the person in a court of law.
How do Miranda rights protect people?
Specifically, (1) the right to remain silent, and (2) the right to have a lawyer present before answering any questions, are rights that protect people from any inclination the police might have to use threats, beatings, or any other infliction of suffering, in the attempt to force people, including innocent people, from confessing to crimes.
Police officers know that failing to inform a person of his or her Miranda rights may have the disastrous effect of nullifying the basis for any criminal charges they seek to lodge against that person.
In other words, Miranda rights, properly observed by police, serve as a kind of restraint upon law enforcement officers, discouraging them from trying to use force or deception in order to obtain confessions, or other damaging information, from those whom they arrest.
Let’s look at a couple of specific examples of ways to win a case based on a Miranda violation in Florida.
Example 1: Mr. Smith robs a bank.
Mr. Smith robs a bank and then is stopped by police a couple of miles away because he fits the description of the robber. After stopping him, the police ask Mr. Smith if he robbed the bank, and he says, “yes I did.”
In that case, even though Mr. Smith robbed the bank, and he confessed to the crime, the government cannot use the confession against him because police failed to inform him, before asking him the question whether he robbed the bank, that he had the right to remain silent and the right to have a lawyer present before answering any questions.
While it may seem odd that the bank robber should be protected even though he is guilty, in fact, the law is an excellent one because every day, the same law protects every person in Florida, and all of the United States, who might be stopped by the police.
Example 2: Mr. Smith has some marijuana.
Let’s look at another, but different example: Mr. Smith is driving down the street, and is stopped by police because, tracing the license plate of the car, police discover Mr. Smith’s driver’s license was suspended for failing to pay an old traffic ticket.
After giving Mr. Smith the ticket, but before allowing him to go on his way, the police ask Mr. Smith if he has any marijuana in his car. Afraid of being caught, and hoping that cooperation with police will make things easier for himself, Mr. Smith tells police he has marijuana, and even tells them it’s located under the front passenger seat.
Mr. Smith is sure to be convicted; he doesn’t have a prayer. Right?
Wrong.
In this example, police failed to inform Mr. Smith of his right to remain silent, BEFORE asking Mr. Smith questions about whether he had marijuana.
As a consequence, the court must rule that (1) Mr. Smith’s statement that he had marijuana, and (2) the marijuana itself, cannot be used in any criminal prosecution of Mr. Smith for possession of that marijuana.
It doesn’t matter if the amount of marijuana was the last remains of a joint, or an entire carful of weed; because police failed to inform Mr. Smith, before they questioned him, of his right to remain silent and his right to have a lawyer, Mr. Smith’s confession, and the marijuana can never be introduced in a criminal case against him.
After a police officer informs me of my right to remain silent and my right to have a lawyer, is it a mistake for me to talk to police?
Your Miranda rights guarantee you the right to remain silent, and further informs you that anything you say can and will be used against you in a court of law.
For this reason, until you have carefully consulted with a lawyer, you should NEVER talk to police.
Police officers, federal prosecutors, and state prosecutors like most people, want to show their supervisors and co-workers that they are doing a good job. Moreover, it is only natural that these agents of the government want professional recognition, and that they wish to win advancement, promotions, and bonuses for themselves.
For this reason, police and prosecutors want, above all else, arrests that lead to convictions.
As you might imagine, it is rare that a police chief congratulates, or promotes, a police officer for going easy on the person the officer arrests. To the contrary, the more serious the charges leveled at a person, the more the arresting officer is seen as having done a job worthy of recognition.
No matter how appealing it may seem to you to talk to police, no matter what police say to you that might make you think you should talk to them, every competent criminal defense lawyer will tell you that you should not talk to police until you talk to an attorney first.
Also, you should definitely keep in mind this important rule of law: even if you decide to talk to police, you can, at any time during the conversation, and in response to any question, change your mind and tell the officer you wish to be silent. In legal terms this is described as “invoking” your right to remain silent after having waived it.
Do I have to Answer Questions from Police Officers?
No. Always ask for a lawyer before talking with police. Never volunteer any information even if you are innocent. There are many innocent people in prison. Some of them have been released after serving years in prison because DNA evidence exonerated them.
Let’s say, it’s too late. Before learning about the importance of using my Miranda rights, I was arrested by police, and I talked to them and answered their questions. Should I conclude all is lost?
The answer is no.
You should not automatically draw this conclusion because the police, as they often do, may have committed some serious errors in the way that they questioned you.
Serious Police Error #1
The police forgot to inform you of your Miranda rights.
According to the law, if the police forget to inform you of your Miranda rights before questioning you, none of the information you provided can be used against you.
Serious Police Error #2
The police informed you of your Miranda rights in a way that was incomplete.
Often when a police officer informs a person of his Miranda rights, the officer reads them off of a printed card. But the officer can recite them from memory as well.
While the wording of the Miranda warning does not need to be exact, and requires no specific or special form, the information about your Miranda rights, when given, must be complete.
So, for example, let’s say an officer, suspecting a person of committing a crime, stops that person and tells him he has the right to remain silent and the right to have a lawyer. But then the officer forgets to tell the person, who happens to be poor, that if he can’t afford a lawyer, one will be appointed for him.
In such a case, the officer’s Miranda warning is not a valid or lawful one. Therefore, the judge will be required to exclude from the criminal case any and all damaging information the person gave to the officer after police gave him that incomplete warning.
Serious Police Error #3
The police informed you of your Miranda rights in a way that was not accurate.
When telling you about your Miranda rights, police cannot, whether intentionally or accidentally, add to, or subtract from, the rights in a way that alters, distorts, or otherwise changes them.
For example, an officer cannot tell you that, in his opinion, you shouldn’t attach too much importance to your Miranda rights, or that by talking to police, your case will go better.
In making such statements, the police themselves are violating the law, and any statements you make to police under such circumstances must be disqualified by the judge and excluded from the case.
Serious Police Error #4
The police informed you of your Miranda rights in a way that was not understandable.
If a person does not speak English, an officer’s recitation of the Miranda rights is meaningless. While the officer may have read the person the Miranda rights fully and accurately, such a warning cannot serve its intended purpose if the person didn’t understand English.
Similarly, if the police stop or arrest a juvenile, or a person who is of low intelligence, or a person who is hard of hearing, police must inform the person of his Miranda rights in a way that the person can understand.
Failure by the police to do so renders the Miranda warning ineffective, and may require the judge in the person’s case to exclude any negative or damaging information given by the person.
Serious Police Error #5
The police inform you of your Miranda rights, but fail to obtain an indication
from you that you understood the information.
After informing you of your Miranda rights, police are required by the law to obtain a clear indication from you that you understand them before proceeding to question you.
In other words, if after having been informed about your Miranda rights, you choose to talk to police, that decision (what the law calls a “waiver” of your rights) must be a knowing, intelligent, and voluntary decision. That is to say, a person’s decision NOT to remain silent must be a free and deliberate choice, and not result from police intimidation, coercion, or deception.
If the police inform a person of his Miranda rights, and in response, the person is silent, the police are also prohibited from interpreting that silence as consent to begin questioning the person.
According to the law, after a person is stopped, detained, or placed in custody, and after police inform the person of his or her Miranda rights, the person’s decision to talk to police, if the decision was not knowing, intelligent, and voluntary, is considered not voluntary and not acceptable by the law.
Now, whether or not a person’s decision to talk was really knowing, intelligent, and voluntary is often difficult to determine. The law requires a judge to answer this question by looking at all of the circumstances of the person’s encounter with police, and listening to legal argument between the lawyer for the person accused, and the lawyer for the government.
Therefore, it is critically important for you to work with your lawyer so that he or she can first, thoroughly collect all of the relevant facts, and then, applying the relevant law, present those facts effectively to the judge.
The Officer told me I would get a better deal if I talked…is this true?
No, not necessarily. The officer is not the one who charges people with crimes. It is the State Attorney’s office or the United States Attorney’s Office. The officer doesn’t sentence defendants either, that’s the province of the trial judge. Police lie to defendants all the time to get confessions and guess what? It is legal for cops to lie.
What happens if (1) the police say they informed you of your Miranda rights (2) you remember clearly that the police did not do so, and (3) there are no other witnesses?
The answer is: it depends on the circumstances.
As you might imagine, in court, when hearing conflicting statements from police and from a person accused of a crime, judges almost always believe the police. This is very unfair because, contrary to arguments by the Government, police officers sometimes do indeed have a motive to lie.
One reason an officer might lie about having forgotten to inform a person of his right to remain silent is that admitting to such a mistake could cause him to lose his job.
Another reason is that human beings instinctively do not like to admit they have made mistakes, especially when the admission must take place formally and officially in a public place, like a courtroom.
And these reasons become even stronger if the officer has a record in his work history of having made the same, similar, or other mistakes. (Your lawyer can research the history of the officers who arrested you, usually without too much difficulty.)
Even though most judges believe the testimony of police officers over private citizens, there are several ways a lawyer can sometimes show a judge that a police officer failed to properly inform a person of his right to remain silent, or failed to obtain an indication from the person that he understood the information provided.
One way the lawyer may be able to show the officer’s error is by studying the written police reports to determine if there are any important omissions, or other statements, that point to the fact that the officer did not properly inform the person of his right to remain silent.
Another way a lawyer may be able to show an officer’s error, and this one is among the most important, is through the process, available in State court, of “deposition.” In state court, after the State has charged a person with a crime, the person’s lawyer can require the arresting officers to come to the courthouse to answer questions under oath, and in the presence of a court reporter or official recording device, about the arrest in question and the events that led up to the arrest. It is during such depositions that a lawyer, through careful and thorough questioning, may discover that the police made the serious mistake of failing, in whole or in part, to inform the person arrested of his right to remain silent, or failed to obtain an adequate indication that the person understood the information.
A third way is through cross-examination of the officer in court before a judge, at trial, or sometimes before a trial is even scheduled. By knowing the important facts and the relevant law, and by skillful questioning of the officer, the lawyer may be able to show the judge that the officer, required to answer questions under oath, failed to follow the law as it relates to Miranda rights.
When does a failure by police to inform a person or his Miranda rights result in the case being dropped by the Government, or being thrown out by the judge?
Many people who are arrested make the mistake of believing that if police did not inform them of their right to remain silent, their cases must be thrown out of court, or that they will win their case automatically.
But this is not necessarily so.
The failure by police to inform a person of his or her right to remain silent can only help a person’s case if all three of the following events take place:
(1) The police stop a person on the street, or in his car, or on a plane or boat, in such a way that the person, reasonably, does not feel free to leave.
(2) The police ask the person questions, or say things, that could cause the person to provide negative or damaging information about himself in a possible criminal case.
(3) Before questioning the person or saying things that might cause the person to provide negative or damaging information against himself, the police
(A) fail to inform the person of his Miranda rights; OR
(B) inform the person of his Miranda rights improperly or incompletely; OR
(C) the police fail to obtain a clear indication from the person that he understood the information; OR
(D) the police ignore the person’s declaration that he wishes to remain silent and/or consult with a lawyer, and police continue to question him, or say things to put pressure on him to talk.
All three events, (1) through (3), must occur before the failure by police to inform a person of his Miranda rights can help the person win a criminal case being prosecuted against him.
If all three events occur, that still doesn’t mean the person’s case will automatically be thrown out of court
But if the person’s lawyer successfully shows the court that the three events occurred, the court will be obligated to rule that the damaging information the person provided, and if it also occurred, the discovery of damaging evidence as a result of the information, cannot be included in the case.
If the damaging information cannot be admitted in the case, the Government may conclude, as it often does under such circumstances, that it cannot prove the person is guilty of the crime originally charged. When that happens, the Government commonly drops the case, either by filing a document formally stating the case has been dropped, or announcing in open court that the case has been dropped.
If the police stop me, and I tell police I want to remain silent, can the Government, or a witness for the Government, later tell a judge, or jury, that my decision to remain silent shows I am guilty?
If the Government was not prohibited by the law, the Government would, in every criminal case, argue to judges and juries alike that, if a person is innocent, he or she would always want to talk to police, not hide the truth behind silence.
In fact, in federal court, the prosecutor is allowed, in front of a jury, to comment upon, and ask questions about, a person’s silence when that silence took place before the person was arrested. It does not matter if the person’s silence occurred at the time he was arrested, or after he was arrested, before he was advised of his Miranda rights, or even if the record does not indicate when the person was advised of his Miranda rights. This rule of law applies as long as the person did not, at the time of his silence, specifically state he wanted to be silent because of his right to do so (as allowed by the Fifth Amendment).
But in federal court, a person’s silence after being informed about his Miranda rights cannot be used against him, even to discredit the person’s own inconsistent testimony at trial. According to the legal language of the federal courts, principles of “due process” prohibit, under such circumstances, the use of person’s silence against him.
In state court, Florida law protects a person’s rights much more strongly than federal law. In state court in Florida, a prosecutor is not allowed to say anything, or present any evidence, that suggests a person was silent, whether (a) before being arrested, or (b) at the time he was arrested, or (c) after he was arrested, or (d) before being advised of his Miranda rights, or (e) anytime thereafter. According to the legal language of the state courts, principles of “due process” as well as the state rules of evidence prohibit, under such circumstances, the use of a person’s silence against him.
The only exception in state court, and its occurrence is rare, is when two unusual things happen: (1) a person accused of a crime decides to testify in his own defense at trial, and then (2) he says something that is inconsistent in a direct or material, significant way with his pre-arrest, pre-Miranda silence. Under such circumstances, the Government is allowed to try to discredit the person by asking him about his previous silence.
What happens if the police just ask me if I want to talk to them?
The police are free to ask people questions on the street, in their homes, or even at the police station, as long as those people freely agree to engage in such conversation. In such cases, the law considers a person’s decision to talk to police to be “voluntary.”
So if you say something to police when you are really free to go about your business, the law of Miranda rights does not protect you.
Your right to remain silent, and your right to consult with a lawyer before or during questioning only begin when the police stop you, whether directly or indirectly, from going about your business.
The law calls such action by police “a stop,” or “a detention.”
Examples of when the law considers a person stopped, or detained, by police include (1) when police tell the person to stop; (2) when police use a gesture to indicate the person should stop or approach; (3) when police follow a driver with the police car’s sirens sounding and/or emergency lights flashing; and (4) when police park a marked or unmarked car in such a way as to block a driver from moving his or her own car.
But police asking a person questions in the street, or to come down to the station to talk or make a statement, is not a stop or detention. According to the law, because the person is free to say no, or to walk away, Miranda rights do not protect him or her under such circumstances.
So the most desirable circumstances for police, that is to say, when police don’t have to worry about warning a person about his or her Miranda rights, is when a person voluntarily talks to police without having been stopped or detained. The rule to follow then is a simple one: Never talk to police until you have consulted with a lawyer.
Why shouldn’t the jury be allowed to know if a person was silent, whether before arrest, at the time of the arrest, or thereafter?
Judges of the United States Supreme Court, and of the Florida Supreme Court, have ruled that prosecutors are prohibited, (except rarely, under certain special circumstances) from saying anything that would allow a jury, directly or indirectly, to know the person on trial chose to exercise his right to remain silent.
But why is this so? Why shouldn’t the jury be allowed to know a person exercised his Miranda right to remain silent.
Judges are concerned that juries will assign too much importance to a person’s decision to remain silent, and that they may find the person guilty, not based upon the facts of the case, but upon the idea that if the person was not guilty, then he or she would not have remained silent when questioned by police.
But the law recognizes that a person’s silence in response to police questioning can mean many, many things other than guilt.
An innocent person might be silent because he is afraid, or confused, or in a state of shock, or doesn’t understand English. An innocent person might also be silent because he distrusts the police, or fears retaliation from those responsible for the crime, or because a lawyer once told him never to talk to police before consulting with the lawyer.
In fact, there are many other reasons why a person may be silent in response to police questioning other than guilt.
But fearing members of jury will wrongly jump to the conclusion that the defendant was silent because he is guilty, the United States Supreme Court and the Florida Supreme Court prohibit prosecutors from informing the jury, directly or indirectly, that, in response to police questioning, the defendant chose to exercise his right to remain silent.
Why is your criminal lawyer’s knowledge of Miranda rights under Florida law important?
It is important to keep in mind that not everyone who is arrested is guilty.
But even when a person is guilty of failing to follow the law, sometimes the police are more guilty of not following the law.
And if that happens, who do you think should win the case?
But the law is so complicated, it is often impossible for a non-lawyer to understand it without having both (1) studied the subject (an intensive three-year course of study in law school) as well as (2) having acquired actual experience representing clients and trying cases.
In fact, the language of the law, and interpretation by judges of what the law means, are to most non-lawyers incomprehensible.
One thing that is clear is that the law rarely follows the rules of logic and reason as these concepts are understood in the world outside the courtroom.
But a good lawyer is like a mixed martial artist or good boxer; he knows the rules of the game, and how to apply them to his opponent’s actions. As a side note, I practice karate and Brazilian jiu jitsu. It helps the mind as well as the body.
Here’s one example only that shows why your lawyer’s knowledge of the law is important:
Let’s say Mr. John Smith is driving down the street, and is stopped by police because, tracing the license plate, police discover that the driver’s license of the car’s owner, Mrs. Smith, was suspended. When stopping Mr. Smith, the police smell the odor of marijuana. Searching the car in a way that the law allows, the police discover marijuana hidden in the vehicle.
A good lawyer will know, or learn after studying the relevant law, that the officer’s stop of Mr. Smith was not a lawful one. By tracing the license plate to the car’s owner, Mrs. Smith, a woman, the police did not thereby establish a legal basis to stop Mr. John Smith, obviously a man. In other words, the police were able to see that the driver of the car was a man so that it was unreasonable for police to conclude that he was Mrs. Smith, the female owner of the car.
Moreover, the suspension of Mrs. Smith’s driver’s license had no relation to Mr. Smith driving down the street, and so police violated the law that prohibits them from stopping someone unless the person is “reasonably” suspected of involvement with criminal activity.
Based on these facts, the stop of Mr. Smith was unlawful, and therefore, the evidence the police obtained as a result of the stop, here, the marijuana, was illegally obtained. Therefore, the judge must rule, because the original stop was illegal, that the marijuana cannot be admitted into the case. As a consequence, the Government, having no other evidence against Mr. Smith, will be forced to drop the case.
But even if the license plate was traced, not to Mrs. Smith, but John Smith himself, the government would have the very difficult, perhaps almost impossible job of proving that the marijuana was John’s, and that it did not belong to someone else who had previously driven or had been a passenger in the car. Indeed, the fact that the car was owned by someone else serves to reinforce the suggestion that the marijuana could just as reasonably have belonged to someone else
If John was smart enough to invoke his right to remain silent, the police would have no evidence to prove the marijuana in the car belonged to him and not someone else. Remember, as discussed on a previous page, the state government in Florida is not allowed to use a person’s silence against the person; so the government cannot even mention the person’s silence in court before a jury, and a judge is not allowed to use the person’s silence in reaching decisions about a person’s guilt.
Why, as Americans, do we have the right to remain silent?
The United States Constitution is the document that the Founding Fathers adopted in order to define how the new government in America should operate.
Having suffered under an oppressive British government in which all of the power was unfairly concentrated in the hands of a King, the Founding Fathers of this country decided that Americans could reduce the risk of such misconduct by its own new government if they divided the power of government into three branches.
That’s why the Constitution describes the responsibilities of a trinity of governmental branches: the Executive Branch (the president), a Legislative Branch (Congress), and a Judicial Branch (the court system).
But the Founding Fathers later corrected the Constitution by adding something they called “the Bill of Rights,” a document listing very special legal rights meant specifically to protect the people against abuses that, before American’s independence, had been committed by the British government against the American colonists.
Although hard to believe, before the American colonies of Great Britain became the independent United States of America, the King of England and his agents tortured people in horrible ways to force them to confess to crimes, including such offenses as opposing the policies of the King.
And it’s just simple common sense that a person, even if innocent, is likely to confess to just about anything when tortured, or even threatened with torture.
So, when the Founding Fathers created this country, they envisioned a nation in which such torture could not take place.
The Founding Fathers envisioned a nation in which no man, in a criminal case, could be forced by the government “to be a witness against himself.” (The words in quotation marks come from the Fifth Amendment of the Bill of Rights, a document that supplements and completes the Constitution.)
In other words, it was the conscious wish of the Founding Fathers to take away from the government any power it might otherwise have to force people, under governmental pressure, to say negative or damaging things about themselves.
So the Founding Fathers adopted the Fifth Amendment to the Constitution The Fifth Amendment states that, under the government of the new United States “no person shall . . . be compelled [by an agent of agents of the government] in any criminal case to be a witness against himself.”
In this way, because confessions or other damaging information obtained from a person by governmental force, or even the threat of force, becomes illegal, agents of the government can gain no legal advantage by torturing people.
What does it mean to “invoke” one’s Miranda rights?
After police properly inform you of your Miranda rights, if you tell police that you do indeed wish to remain silent, (as you always absolutely should), you are “invoking” your Miranda rights.
To indicate their wish to remain silent, some people, in response to questioning, also say, “I plead the Fifth Amendment” or “I plead the Fifth.”
What does it mean to “waive” one’s Miranda rights?
After police properly inform you of your Miranda rights, if you tell police you agree to talk anyway, you are generally “waiving” your Miranda rights.
What does it mean to “incriminate” oneself?
The root of the word, “incriminate” is the word “crime.” You can see part of the word, “crim,” in the center of the word “incriminate.”
So you incriminate yourself by saying something that, directly or indirectly, suggests or indicates you have committed a crime.
Miranda rights protect a person from any action by police that might pressure a person, after being stopped, arrested, or held in custody by police, from incriminating himself.
What does it mean for evidence to be “suppressed”?
“Suppressing” evidence is just a fancy word for excluding, disqualifying or prohibiting evidence. If your lawyer moves a court to suppress evidence in your case, the lawyer is asking a court to exclude the evidence because it was obtained in violation of the Constitution.
For example, if the police stopped you and, without informing you of your Miranda rights, questioned you about, and obtained, damaging information about you, that evidence should be “suppressed,” excluded from your case.
What is the Fifth Amendment?
The Fifth Amendment is one of the laws that is listed in the Bill of Rights, a document that the Founding Fathers adopted to supplement, or more specifically, to amend the Constitution.. Among the things the Fifth Amendment says is that, “no person shall . . . be compelled [by an agent of agents of the federal government] in any criminal case to be a witness against himself.”
What is the Fourteenth Amendment?
The Fourteenth Amendment is also one of the laws listed in the Bill of Rights. The rights included in the Fourteenth Amendment guarantee, among other things, that the laws of the states, including Florida, cannot nullify any of the laws of the federal government. In other words, the Fourteenth Amendment says the Fifth Amendment restricts not only agents of the federal government, but also agents of all fifty state governments. So agents of the state of Florida are prohibited by the Fourteenth Amendment from compelling a person, in a criminal case, to be a witness against himself.
What is the Constitution?
The Constitution is the document created and adopted by the Founding Fathers of the United States that describes how American government is constructed, specifically with three separate branches, the Executive Branch (the president, his ministers, and agents), the Legislative Branch (Senators and Representatives), and the Judicial Branch (judges and the court system).
What is the Bill of Rights?
The Founding Fathers recognized that, when they adopted the Constitution, it was incomplete because it did not provide crucial rights that we, the people, must have if we are to live freely, and not be oppressed by the government. So after establishing the Constitution, the Founding Fathers later adopted the Bill of Rights, a list of rights that belong to the people of the United States, such as freedom of speech, freedom of religion, the right to bear arms, and as interpreted in the Miranda case, the rights, when stopped and questioned by police, to be silent and to consult with a lawyer.
You Have The Right To Remain Silent.
You’ve heard these words countless times in movies and on television. You’ve read them in newspapers and in books. But what do the words “you have the right to remain silent” really mean?
Remember, knowledge is power.
So by understanding your right to remain silent, you will increase your knowledge, and so, increase your power.
And you need such power to protect yourself against others in society who have a different kind of power, a kind of power that is both very serious and very intimidating.
I am talking about the power of agents of the government, such as police officers, marshals, deputies, and detectives.
As they leave their offices each day and each night, these agents of law enforcement are armed with badges, batons, pepper spray, tasers, and guns.
Sometimes they are in uniform and sometimes they are camouflaged by plain clothes.
These officers and agents who work for the government are given extraordinary power by the law to do things you and I cannot do: they can stop you in your car, take your property, invade your home without your consent, and deprive you of your liberty.
So by knowing your rights under the law, and in particular, your right to remain silent, you can protect yourself, as people throughout history have always needed to do, against those in government who, otherwise, are much more powerful than you.
If you are like most people, you are, every day of your life, subject to the laws of three governments: (1) the government of the United States; (2) the government of the state in which you live; and (3) the government of the city or town in which you make your home.
Each of these governments has its own separate laws, and each of these governments have lots of laws.
And remember, as proven by laws of segregation and laws prohibiting women from voting, not all of these laws are right or just.
Each of these governments employs hundreds if not thousands of agents who are paid, often quite well, to enforce the laws.
Agents of the government, such as police officers, are not only paid by the government; they are also directed by the government, as well as supported in their work by the government.
Whether we’re talking about competition on the playing field, in the market place, or on the street, everyone wants to win. Agents of the government are no different. So law enforcement officers daily work in concert with countless other officers, both within their own departments and elsewhere, in the effort to increase the power they have over you, and to insure they will win.
In short, each of these federal, state, and city governments possess infinitely more money, arms, and manpower than individuals like yourself who stand alone, and who are, without knowledge of their rights, in comparison, close to powerless.
But although it is true that you are a tiny, humble David and, in comparison, the government is a gigantic, all-powerful Goliath, all is not lost; whether you know it or not, you have a weapon as powerful as the little sling that David, a mere shepherd boy, used to strike down the mighty, invincible Goliath.
The weapon I am talking about is the Bill of Rights, and specifically here, your right to remain silent.
The United States Constitution is the document that the Founding Fathers adopted in order to define how the new government in America should operate.
Having suffered under an oppressive British government in which all of the power was unfairly concentrated in the hands of a King, the Founding Fathers of this country decided that Americans could reduce the risk of such misconduct by its own new government if they divided the power of government into three branches.
That’s why the Constitution describes the responsibilities of a trinity of governmental branches: the Executive Branch (the president), a Legislative Branch (Congress), and a Judicial Branch (the court system).
But the Founding Fathers later corrected the Constitution by adding something they called “the Bill of Rights,” a document listing very special legal rights meant specifically to protect the people against abuses committed by the British government against the American colonists.
Although hard to believe, before the American colonies of Great Britain became the independent United States of America, the King of England, and his agents, tortured people in horrible ways to force them to confess to crimes such as opposing the policies of the King, crimes of which they were often innocent.
And it’s just simple common sense that a person, even if innocent, is likely to confess to just about anything when tortured, or threatened with torture.
So, when the Founding Fathers created this country, they envisioned a nation in which such torture could not take place.
The Founding Fathers envisioned a nation in which no man, in a criminal case, could be forced by the government “to be a witness against himself.”
In other words, it was the conscious wish of the Founding Fathers to take away from the government any power it might otherwise have to force people to say negative or damaging things about themselves.
So the Founding Fathers adopted the Fifth Amendment to the Constitution. (It’s located in the Bill of Rights.) The Fifth Amendment states that, under the government of the new United States “no person shall . . . be compelled [by an agent of agents of the government] in any criminal case to be a witness against himself.”
In this way, because confessions or other damaging information obtained from a person by governmental force, or even the threat of force, becomes illegal, agents of the government can gain no legal advantage by torturing people.
So where does your right to remain silent come into play?
Good question.
Check out these pages about the The history of Ernesto Miranda of Miranda rights fame, and the definitive guide to Miranda rights in Florida, which discusses, among other things, what if the cops didn’t read you your Miranda rights.
What was Ernesto Miranda of Miranda rights fame like growing up?
Ernesto Miranda was a poor Mexican from a broken family. His mom died when he was 6. He did not get along with his dad or his brothers. He was in and out of juvy, jail and prison most of his life. He was a seriously disturbed individual with pronounced sexual fantasies.
What are the basic facts that led to Ernesto Miranda’s arrest?
In 1963, Miranda was arrested by Phoenix police for the kidnapping and rape of an 18 year old girl, who identified him. Two cops interrogated him for two hours and after it was done, they had a written confession, signed by Miranda. Miranda was never told he had a right to have an attorney present, among other rights.
What happened to Ernesto Miranda after the Supreme Court case Miranda v. Arizona?
Miranda was retried. The prosecution did not use the confession at trial. They didn’t need to. They called witnesses. One was his common law wife Twila Hoffman. She was separated from her husband. She had a son and daughter from her husband. Miranda and Twila had a daughter together. Miranda lived with her at the time of the kidnapping and rape. Miranda allegedly confessed to her. However, Miranda was fighting with Twila at the time of the retrial over custody of their daughter. He was convicted in 1967, and was sentenced to serve 20 to 30 years. He was paroled in 1972.
How did Miranda make his living after getting out of prison?
Autographing cops’ Miranda cards.
The irony of the end of Ernesto Miranda
He was stabbed to death during an argument over coins in a dive bar in Phoenix in 1976. One suspect fled, another suspect was arrested, but he, unlike Miranda, exercised his right to remain silent. With no evidence against him, he was released.
Can a lawyer guarantee that he will win my criminal case?
Potential clients call me. They want a guarantee. They tell me – I want a guarantee that I will win my criminal case.
Why can’t a criminal defense lawyer give a client a guarantee that he will win his criminal case?
It’s illegal. There are no guarantees as to any outcome for any kind of criminal case. If I gave a guarantee as to an outcome, I could get sanctioned, suspended or disbarred. However, there are unscrupulous lawyers who will give people guarantees as to an outcome. When the clients are rotting away in jail, nobody will listen to them complain that the lawyer lied to them. Ethics rules from the Florida bar prohibit a lawyer from making a guarantee as to any outcome in any criminal case.
Besides being illegal, it’s just plain wrong. Nobody has a crystal ball to look into the future. I have handled thousands of criminal cases in Florida. Based on experience, I can counsel the client about ways to beat the case and probable outcomes. I’ve lost cases I should have won. I have won cases I should have lost.
Everyone wants a guarantee. But this isn’t like a business transaction where you can just return something if you don’t like it.
Here’s are a couple of guarantees that I can make:
I guarantee that I do everything in my power, both legally and ethically, to win my client’s case.
I guarantee that if you don’t trust whatever lawyer that you hire, you’re not going to be happy.
I guarantee that any lawyer that gives you a guarantee as to an outcome is a liar. They just want to take your money. They will tell you anything you want to hear just to get your money. Then, you will be sold down the river.
I’d rather not get the business than be dishonest with a potential client.
Private lawyer vs public defender, top 3 differences by West Palm Beach, Florida criminal lawyer Grey Tesh.
What are the top 3 differences between a Private lawyer and a public defender?
1. Free vs. Lot of $
2. No choice vs. Choice
3. Limited attention vs. Personal attention
1. Free vs. Lot of $
The PD is for the poor. There are a lot of good PDs. But, there is a perception in the criminal justice system that rich people go free while the poor go to prison. Private criminal lawyers charge a lot of money. Why? Wisdom, years of experience, time to dedicate to your criminal case, someone personally dedicated to your freedom, a select few are board certified specialists in criminal trial law.
2. No choice vs. Choice
You don’t get to choose who your public defender is. With a private lawyer, so long as you have enough money, you can choose who you want to represent you. With choice comes continuity. Public defenders transfer to different divisions constantly. With a private lawyer, you will have the same criminal defense lawyer protecting your freedom.
3. Limited attention vs Personal attention
Public defenders may have hundreds of cases. They are overworked and underpaid. A private lawyer has fewer clients. You will get more personal attention and access with a private criminal lawyer. You may not even meet your public defender until you go to court. A private lawyer will meet with you, discuss strategy to win your case, get his investigator to interview witnesses, get pictures and video and give your case the personalized attention it deserves.
To recap, the top 3 differences between a public defender and a private lawyer are:
1. Free vs. Lot of $
2. No choice vs. Choice
3. Limited attention vs Personal attention
Can I get my money back from my Florida criminal lawyer?
What if my lawyer didn’t do anything? I don’t trust him. He is not communicating with me. What if the fee was a flat, non-refundable fee? Does it make a difference if I paid my criminal attorney by the hour? I want to hire a new Florida criminal lawyer. What should I do?
I get these questions often. Unfortunately, some people hire the first lawyer they talk with. They made a bad decision. When it comes right down to it, they need a true fighter. They realize they made a huge mistake and want to make it right.
This video attempts to answer some of your questions related to whether you can get money back from a criminal lawyer in Florida.
If you would like to talk with a Florida Bar board certified criminal trial attorney (expert) about your specific situation, call me now at 561-686-6886.
As of August 2019, how many Florida concealed weapons permits are valid? How many concealed carry permits since 1987 in Florida? How many permits have been revoked due to improper use of a firearm by people with CWP?
If you would like to talk with a 2nd amendment Florida gun lawyer about your concealed weapons permit, call me now at 561-686-6886.
If you are arrested for a criminal offense or there is an injunction, you may get a letter suspending your concealed weapons permit in Florida. What do you do? What are your options? This video discusses your options if you want to keep your concealed weapons permit.
If you would like to talk with a 2nd amendment Florida gun lawyer about your concealed weapons permit, call me now at 561-686-6886.
Call 911. Stay at the scene.
Call 911. In Florida, if the estimated damage is $500 or more, you have to call the police. The accident should be documented. The police will determine who they think was at fault. They may try to recreate the accident scene. They will talk with witnesses, if available and write up an accident report. The accident report usually includes who the drivers and owners of the vehicles were, and the insurance companies involved.
Document everything
Get names, addresses and phone numbers of all witnesses. Take pictures of the accident scene and damage to the vehicles. You should always have a camera handy. Most people use their phones to take pictures. Exchange insurance information with the other driver. Call my office and we’ll send you a free registration and insurance card holder with useful tips. You will always know where your insurance and registration cards are. It also tells you what to do if you are in an accident and what kind of insurance will help protect you.
Get medical attention
Wait for the paramedics to come. Let them check you out. Go to the hospital immediately if you are hurt. If you don’t go, it could negatively affect your recovery and your case. It may make your injuries worse if they are not diagnosed right away. Tell the truth about your injuries. Call your insurance company to report the accident.
I just got in an accident. What should I NOT do?
Do not talk with the other person’s insurance company without consulting a personal injury lawyer first.
Do not sign any forms without consulting a personal injury lawyer first.
Do not give any recorded statements to any insurance company representative without consulting a personal injury lawyer first.
Dealing with the insurance adjuster from the other side
Be nice. Dealing with an insurance adjuster after a car crash is delicate.
Insurance adjuster wants me to just sign a few forms, should I?
Insurance adjuster wants me to make a recorded statement, should I?
Insurance adjuster wants me to sign a medical authorization form, should I?
The answer to those three questions is “No. Not without speaking to a personal injury lawyer first.”
Insurance adjusters want to settle claims quickly and cheaply as possible. They are not your friends. They want to save the insurance company money. That translates into less money in your pocket. Unless you have a very small personal injury claim (less than $2,000 in medical bills), you should not talk to an adjuster without consulting a personal injury attorney first. You should let your injury lawyer talk to insurance adjuster for you.
Also, you should not give any recorded statements to any adjuster without consulting a personal injury lawyer first. That includes your own insurance adjuster. You are required to speak with your own insurance company per your contract. However, you should consult a lawyer first to protect your rights. One of the tactics the insurance adjusters use is to call you right away and try to get you to downplay your injuries. Don’t fall for this! Even though you may not feel as hurt right after the accident, you may be surprised how you feel days or even weeks later. The adjuster will try to get you to make statements that are going to hurt your injury case a later time.
Another tactic insurance adjusters use is to tell you not to hire a lawyer. They may offer you a small amount of money in exchange for releasing your claim forever. Some unscrupulous insurance adjusters have threatened to deny your claim if you hire a lawyer.
If you did talk with the adjuster, they will almost certainly lowball you with a settlement offer. They will take advantage of you if they can.
What should I do after an accident in dealing with the insurance adjuster for the other side?
Tell the adjuster you don’t want to make any statements and you don’t want them to call you back. Make sure you ask their name, phone number and claim number. Give this information to your injury lawyer at the first meeting. Adjusters know injured people typically get more than three times as much money when they are represented by a lawyer – that is according to the insurance industry’s own research.
Don’t take the word of the insurance adjuster regarding how much insurance is available. My grandfather used to tell me “show me – don’t tell me.” Consult an injury lawyer so they can investigate all insurance available.
What should I do in the weeks after the accident?
Go see an M.D. right away. Tell your doctor the truth about your pain and injuries. Tell your M.D. whether you were injured before and if you were feeling pain before the accident.
Write down notes of questions you want to ask your doctor before your appointment. Write down how your are feeling, where the pain is coming from and how it has affected you. This will help document your medical file.
Tell your doctor how the injury has affected you. Work, play, sleep. Go to all of your scheduled appointments. Show up on time. Follow your doctor’s advice. Keep going to the doctor. Keep a journal of all your medical appointments with dates, mileage, how you are feeling and any progress you have made.
You may want to consult with a personal injury lawyer about your case if you are truly injured and it was someone else’s fault. Tell your accident lawyer the truth about causation (if it was your fault), your injuries and any prior injuries.
How much is my West Palm Beach, Florida car accident case worth?
This is the question that most people have on their minds after getting into an auto accident in Florida. One of the first questions to determine case value is how much insurance is available? For instance, if your damages are $75,000 but there’s only $10,000 in insurance available, then the case is probably only worth $10,000. That’s why it’s important to have a lawyer look into all possible insurance available. There may be assets that can be taken as well.
Some of the factors that determine what your West Palm Beach car accident case is worth include:
Was the car accident your fault?
How much damage was done to your vehicle in the accident? The other vehicle?
Do you have pictures of the damage to both vehicles?
How serious are the injuries? Are your injuries permanent?
Is surgery recommended?
Did you have surgery as a result of the car accident?
How much did that surgery cost?
Can we prove those injuries through medical bills?
How much of those medical bills were already paid by insurance?
Do you have to repay the insurance company for those medical bills?
What income did you lose as a result of the accident?
Are you a likable and truthful person?
Were you wearing a seatbelt at the time of the accident?
What lawyer is representing the other side?
In a wrongful death case, who are the survivors and how were they affected emotionally and economically?
You really won’t know the true value of your case until you’ve recovered as much as possible from your injuries. Doctors and personal injury lawyers refer to this as “maximum medical improvement or MMI.”
It may take as little as several months to years to resolve a personal injury case. Check out this video explanation on how long a personal injury case will take in West Palm Beach, Florida.
There are a number of factors that determine what each case is worth. Some injured victims have unreasonable expectations as to what their cases are worth. Others do not.
What does a great Florida auto accident case look like?
In Florida personal injury auto accident lawsuits, the plaintiff must prove it was somebody else’s fault (causation), you were injured (damages), and there must be a deep pocket to sue (an insurance company or assets to go after).
Let’s take each one individually. The wrongdoer must have caused your injuries – the accident was their fault. Damages are proven by medical bills and testimony from doctors. Also, damages can be proven by people who know you. They can testify about how the injuries sustained from the car accident has affected your job, lost wages, loss of consortium, etc.
You must have deep pockets to sue. That generally means insurance.
The ideal case would be where the car accident was not your fault, the other person caused the auto accident, you had substantial provable medical bills and injuries, and the insurance company had a multi-million dollar policy. Additionally, the wrongdoer admitted fault, you did not admit fault, and the police noted in their report that the wrongdoer was at fault and confessed to being at fault.
Also, you have no prior criminal convictions and the wrongdoer is a five-time convicted felon. There are number of factors that affect the value of a case. No two cases are the same. However, the factors discussed above are some of the factors that lead to an ideal case Florida accident case.
How can I see a doctor for my West Palm Beach personal injury car accident case?
Many Americans have no health insurance. If you don’t have any health insurance, you still may be able to get medical treatment. First, PIP automobile coverage will pay for 80% of your medical bills up to $10,000 if you went to a doctor within 14 days of the accident and there was an EMC or emergency medical condition.
After PIP is exhausted or if you don’t have PIP coverage, many personal injury lawyers know doctors that are willing to take care of you without getting paid upfront. The doctors will treat you when you sign what’s called a letter of protection. An “LOP” as it is called by doctors and personal injury lawyers, gives the doctor a lien on your file if you recover money later. This is a huge benefit to an injured victim. This gives the uninsured and poor access to health care they could not otherwise get.
Your medical bills will be deducted from any money you receive. However, if your injuries are so great and the insurance is very little, many times a good personal injury lawyer can negotiate those bills down. This is perhaps one most misunderstood benefits of hiring a personal injury lawyer. When you hire a personal injury lawyer, they can potentially (no guarantees) put more money in your pocket because they can negotiate medical bills down that you otherwise would have to repay.
Some Americans have health insurance. However, many of the insured are unaware that when they go to the doctor – whatever their health insurance company has to pay out – they are required to pay back to the insurance company. The fancy legal word for it is subrogation. Sometimes, a personal injury lawyer can negotiate those health insurance medical bills down. Obviously, if you can pay back only a portion of the amount owed, that means more money in your pocket.
Florida accident case timeline
How long does a West Palm Beach injury case take?
You may not need a Florida injury lawyer if you’re in an accident. This is contrary to what you may read or hear from other injury attorneys.
If the damage to your vehicle is small and nobody is injured, you may not need a lawyer.
Most cases that involve medical bills of only a thousand to two thousand dollars probably don’t require a lawyer. You may be better off negotiating with the insurance adjuster yourself if you have a small claim.
You will have a hard time finding any reputable personal injury lawyer to represent you if you have such a small claim.
However, if the property damage is significant and your medical bills are high, you may be better off hiring a personal injury lawyer to represent you.
Generally, most accident victims recover more money for their injuries with a lawyer.
The Insurance Research Council (a non-profit organization supported by the insurance industry) conducted a study to determine if accident victims get more money when they have a lawyer. On average, accident victims who used a lawyer got 3 ½ times as much money in settlements than if they represented themselves.
What Florida auto insurance do I need to protect my family and me?
In 2008, there were over 200,000 accidents in the state of Florida. Many of the people causing these accidents had little, if any, insurance to pay for the injuries they caused. Many of them were also driving illegally. That ain’t right. How do you protect yourself and your family if you get into an accident and it is someone elese’s fault?
Uninsured/Underinsured Motorist “UM” – say “Stack me!”
The most important kind of insurance you can have to protect yourself and your family is uninsured/underinsured motorist coverage.
UM pays for your pain and suffering if you’re hurt by the fault of another driver, and the other driver either has no insurance or too little insurance to cover the extent of your injuries. UM coverage also applies in some cases, to household relatives, or to other passengers in your car. Most people choose UM coverage in the same amount as their bodily injury coverage. A typical policy amount would be $100,000/$300,000. The $100,000 in the “$100,000/$300,000” is for a single person, the $300,000 in the “$100,000/$300,000” is for the total amount of the policy. This applies if there was more than one person in the car and they were covered under the UM policy. The money paid out (typically) would be according to the severity of their injuries.
Tell your insurance agent you want “stacked” coverage if you have more than one car. Stacked coverage is very inexpensive for what you get. For just a few more dollars per month, you can double your coverage if you have two cars. For example, with stacked U.M. coverage on two vehicles of $100,000/$300,000, you get $200,000/$600,000 worth of coverage. Many people driving around in Florida today have absolutely no insurance. UM is the most important insurance to protect you and your family.
PIP
Personal injury protection, called “PIP” insurance is required by Florida law. It doesn’t really cover much. It covers a 80% of your medical expenses and 60% of your lost wages. Florida is a “no fault” state. PIP pays regardless of fault. It usually covers you, your spouse, and the relatives living in your household. A typical policy provides for $10,000 in coverage. PIP also covers $10,000 worth of property damage to pay for the other person’s car to get fixed if it was your fault. This does not pay for damage to your own car if it was your fault. However, your insurer may not pay for PIP coverage if you did not see an M.D. or other recognized professional under the statute within 14 days of the accident. Also, there must be a finding of an EMC or emergency medical condition for you to be eligible for the full $10,000 of benefits. Some insurers will deny claims or limit the amount of benefits paid to $2,500. This is being challenged in Florida courts. In short, go to see an M.D. right away after an accident. Make sure they say in the report that you have an EMC (emergency medical condition).
Collision
Collision insurance covers damage to your car. If you are making payments on your car, your lender will probably require this insurance.
Bodily Injury
You should buy bodily injury liability insurance. The main reason is you have to buy bodily injury insurance to get U.M. or uninsured underinsured motorist coverage. You must first buy B.I. to be eligible to get U.M. Also, if you have substantial assets, it is wise to buy bodily injury insurance. A typical policy is $100,000/$300,000. That covers $100,000 per person, maximum of $300,000 per occurrence or accident. B.I. covers you if you are at fault and caused someone else to be injured.
I have no personal stake in USAA. However, they been my insurance company for over 20 years. They have an AM best rating of A+. If you, or a relative, have ever served in the military, you are eligible to get insurance with USAA. When buying car insurance, check out what their AM best rating is. It should be an A rated company. Generally, you do not want to buy insurance from companies who advertise everywhere. Those companies spend all of their money on advertising – not on paying claims. Get competitive pricing from a few different companies. Go with a reputable company who has a history of paying valid claims.
Choosing a personal injury to lawyer to help you is a difficult task. The billboards on I-95, television, radio ads and internet are filled with personal injury lawyers. How do you know which one is the right one for your case? The ads all say the same thing: “Free consultation” “Injured? Call me!” “No fee if no recovery.”
Seriously. Does anybody talk about truth, caring about people, fighting for what is right or treating them how they want to be treated? When choosing a personal injury lawyer you may want to ask yourself:
Do I trust him?
Find someone who you trust. Trust is probably the single most important factor in choosing a personal injury lawyer to represent you. Also, you want someone who is honest, listens, and cares about you and your case.
Do I like him?
All things being equal, I do business with people I like. Take your time and talk with the lawyer in person, if possible. See if he looks you in the eye, shakes your hand firmly, and makes you feel at ease. If you can’t meet him in person, see if he will come to your house and see you. Some lawyers still make house calls. Go with your gut feeling after speaking with him. If you don’t feel comfortable, go on to the next one.
Was this lawyer referred to me by someone I trust?
Ask someone you trust for a referral to a personal injury lawyer. Don’t go with an injury law firm only based on advertisements. Many injury advertisements are not even from law firms. They are owned by chiropractors who refer you to injury lawyers. You don’t know who you are going to get.
Does he have experience with injury cases?
Experience is a factor. You certainly want your lawyer to have some personal injury experience.
How will he keep in contact with me?
This may be important for your peace of mind. Who are you going to talk to about your case? Is it a case manager or a paralegal? Do you want to have personalized attention and actually speak with the lawyer handling your case?
Will he be a great communicator to a jury?
A great personal injury lawyer listens and gives you straightforward answers to your questions. Also, he must memorize vast amounts of material, condense it and then effectively communicate it to the jury. The lawyer must speak plain language to be an effective communicator.
Does he offer a guarantee as to an outcome?
Beware of lawyers that guarantee a particular result – “I’m going to get you a million dollars on this case!” While you understandably would want a guarantee as to the outcome, it is unethical for any lawyer to do so. On the other hand, does the guarantee sound like this – the only thing I guarantee is that I will do everything in my power (legally and ethically) to fight hard for you, communicate with you, and get you the money you deserve.
Does he have a low-volume practice?
Does the lawyer have the time to devote to your case? Many personal injury firms that advertise heavily on radio, television, billboards, etc. must have a high-volume of cases. That’s how they pay for all the advertising. Typically, the lawyers will cherry pick a few cases (worth a lot of money) and only work on those cases. Secretaries typically do all the work, including negotiating the money you get! On the other hand, does the lawyer have a low-volume practice? Can the lawyer give clients the individualized attention that they seek? Is the lawyer able to work cases up like they should be worked up with such a high-volume? With a low-volume?
Will THIS lawyer be working on my case?
Some firms only advertise for the cases and then refer out the business to another lawyer.
Does the lawyer (and only the lawyer) negotiate with the insurance adjuster?
In a high-volume practice, the case managers or secretaries typically negotiate with the adjusters. Does your case need a lawyer to negotiate money? Will a secretary do?
Is this lawyer really a trial lawyer?
Does the lawyer have a proven track record of taking cases to trial? Many lawyers that call themselves “trial lawyers” have not tried a case in front of a jury in years. Insurance companies know which lawyers take cases to trial. Your settlement offer before trial (or even during trial) will reflect that fact.
Is this lawyer passionate about helping people?
You’re still reading about how to choose a personal injury lawyer? Ok, I’ll tell you what my grandpa Paps used to tell me. Paps was a decorated World War II veteran who stormed the beaches at Normandy. I lived with my grandparents when I was a teenager and learned a great deal from them. Anyway, Paps always told me “When I was in the military, they taught us – you have to tell ‘em what you’re gonna tell ‘em, then tell ‘em, and then tell ‘em what you told ‘em. So here it is:
Trust
Find someone who you trust. Trust is probably the single most important factor in choosing a personal injury lawyer to represent you. Also, you want someone who is honest, listens, and cares about you and your case.
Medical bills for Florida car accident case
Personal injury protection “PIP” pays for 80% of your medical bills up to $10,000 (on a typical policy). That amount of money will probably be used up before you leave the emergency room. If you have health insurance, after your co-pay, your health insurance benefits will kick in. One of the benefits of hiring an injury lawyer is that lawyer may be able to get you medical care (if you don’t have health insurance) through what is called a letter of protection. A letter protection simply means the doctor will treat you, not charge you anything, and at the end of the case he will may get paid out of any settlement received.
Lost wages recovered for West Palm Beach auto accident
In the unlikely event that your PIP has not been used up from them emergency room, PIP pays for 60% of your lost wages up to $10,000. A personal injury lawyer may be able to help you recover your lost wages from the insurance company if your PIP has been exhausted.
Car fixed or repaired after car accident
The insurance company has a property claims adjuster that will handle your claim. Generally, most people carry $10,000 in property damage coverage. The representative from the at-fault driver’s insurance company will determine the amount of money to pay to get your vehicle fixed or if it should be totaled. They will come out take pictures and have a professional write up a repair estimate. Alternatively, your insurance company may pay to fix your car. You may have rental car coverage under your insurance policy which will pay for a rental car for a specific period of time. You may also have a dimunition in value claim. That is the difference in value that your car has undergone because of the accident. A car with a clean CarFax is worth more than a car that has been in an accident.
Sometimes truly injured people make mistakes that wreck their cases. Here are the top 6 mistakes that can wreck your Florida accident case and how to avoid them:
Top 5 questions to ask a Florida lawyer before hiring them. Want an easy way to weed out bad Florida lawyers with just 5 simple questions?
This video will arm you with the right questions to ask any lawyer you may interview.
If you would like to talk with a Florida trial and appellate lawyer about your specific situation, call me now at 561-686-6886.
How do I know if a Florida lawyer is lying to me? By West Palm Beach attorney Grey Tesh
It’s probably impossible to know for sure, but here are a few tips:
Watch out for lawyers who guarantee you an outcome. There are no guarantees as to any outcome in any case, yet some lawyers still do it.
If it seems to good to be true, it probably is. This old adage rings true.
If it doesn’t match with what many other reputable lawyers say, watch out.
Go with your gut.
If you would like to talk with a Florida trial and appellate lawyer who will honest with you about your specific situation, call me now at 561-686-6886.
This video explains why does it take so long to get money (a settlement check) in a Florida personal injury case. Why does it take so long? What are the factors?
If you would like to talk with a Florida personal injury trial lawyer who will honest with you about your specific situation, call me now at 561-686-6886.
Do you have to pay your Florida injury lawyer if he fires you? What if I fired my injury attorney and want to hire a new personal injury lawyer in West Palm Beach?
This video explains some of the issues that come up when a lawyer drops a client or vice versa. Every case is unique.
If you would like to talk with a Florida personal injury trial lawyer who will honest with you about your specific situation, call me now at 561-686-6886.
What happens at a first meeting or office conference with a personal injury lawyer?
What should I expect at my 1st meeing with a West Palm Beach Florida injury attorney?
This video explains
How to make sure you have a successful first meeting with your lawyer.
This video explains the top 5 tips for success when meeting an attorney for the first time.
If you would like to talk with a Florida trial and appellate lawyer who will honest with you about your specific situation, call me now at 561-686-6886.
Injury & Criminal Lawyer
“Law is not black or white, it’s Grey”