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Frequently Asked Questions

 

Frequently Asked Questions about Criminal Law

 

Q1. What Should I do if I am approached by a police officer?
Q2. When are you under arrest?

Q3. Can a law enforcement officer detain you without arresting you?

 
 

Q1. What Should I do if I am approached by a police officer?

 

Ans1. If you are approached by a policeman before you answer any questions You should give this matter your careful consideration because all statements, can later be used agaisnt you court

 

If you are offered by the police any promises to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately as this must be brought to the court attention..

 

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Q2. When are you under arrest?

 

Ans2. You are arrested when law enforcement officers take you into custody or otherwise deprives you of your freedom. In essence when you are longer free to leave.

 

Under Florida law, police officers are obligated to identify themselves, and advise you that you are under arrest. If they intent to speak to you they must read you your rights under the law. Once the police have made a decision to arrest you, you should immedatiely request an attorney who will advise you of your rights.

 

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Q3. Can a law enforcement officer detain you without arresting you?

 

Ans3. Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law, the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location. If a police officer requests that you accompany him to the police station you should contact a lawyer before agreeing to anything.

 

If the officer believes that you are armed, he or she may under certain limited circumstances conduct a limited pat-down of your outer garments for the purpose of detecting weapons. However, each case if different and Ms Davide can discuss with you the specifics of your case.

 

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

 

The hiring of a Miami criminal defense attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

 
 
 
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