Frequently Asked Questions

Is the information I give my lawyer confidential?

 The attorney client privilege exists between an attorney and their client. That means the information that you give your client is protected.    

Should I talk to the police?

 Never speak to the police without contacting an experienced criminal defense attorney first. If you are being investigated or have been charged with a felony or misdemeanor in Spring Hill or Brooksville contact me today.  Scroll down to find great video about your right to remain silent. A harmless comment can be extremely detrimental to you.

Can I lose my license when charged with a DUI?

 If you have been arrested for driving while under the influence, in most cases you have only 10 days to challenge the administrative suspension of your driver’s license. If you fail to challenge this suspension the DUI will remain on your permanent driving record for 75 years. 

What if the victim in my case does not want to prosecute?

In the State of Florida the state attorney's office has the final say if an individual is prosecuted. The prosecutor may take the victim’s wishes into account but the prosecutor holds the power to make the decision to prosecute.    ars.

Does the police have to advise every person they arrest of their Miranda Warnings?

 Unfortunately, the movies have given us a general misunderstanding of the requirement of Miranda Warnings. The police are only required to read a person their Miranda Warnings if the person is questioned about the facts of the case while in custody. Don’t forget you should ask for an attorney when questioned by the police. 

Can’t I represent myself in court?

  

There are many technical rules and regulations that must be considered during a criminal case. Additionally, a person that is representing themselves always runs the risk of saying something incriminating during the case. It is wise to have a skilled criminal trial attorney to speak for you.

Criminal Defense: Your Constitutional Rights

Did your rights get violated? Did the cops have legal reason to search you or your property?

criminal law, search, seizure, constitutional rights, house, car

  

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

   

Were you interrogated? Did the cops recognize your rights?

criminal law, criminal defense, court, violated

5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Do you have an attorney? The constitution guarantees your right to counsel.

Right to trial by jury, court, criminal law


6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Your Right to Remain Silent

Professor James Duane gives a great lecture on why you should  not speak to the police.