Arrested in Gainesville - Do You Know Your Rights?

Posted on Jul 07th 2017

The majority of people are unaware of their rights when arrested or only know them from television or films they’ve watched. However, you cannot trust Hollywood films and television shows to educate you about the law and look out for your best interests; nor can you count on police officers to inform you of your rights. Arrests happen all the time, and could happen to you even if you’ve done nothing wrong. Because of this, it is crucial to know how to protect yourself if you’re ever arrested in Florida. At Stout Defense, P.A., we can provide you with a criminal defense lawyer Gainesville residents can rely on to protect their rights.

Rights Prior to an Arrest in Gainesville, FL

The Fourth Amendment protects your right to be free from an unlawful search or seizure. Before a police officer can search you, your car, residence or office, absent probable cause, he/she must have a warrant signed by a judge. Even if the police have reason to believe you have been involved in or committed a crime, that does not give them unrestrained access to your personal belongings. They must first present their suspicion to a judge who will then decide if it is based on reasonable facts. If the police search and seize evidence without a warrant, or in the absence of probable cause, that evidence cannot be used at trial. There is an exception, however, if seeking a warrant would cause a delay in which evidence could be destroyed or a crime committed.

Rights During Police Questioning

While most everyone has heard of the Miranda rights, these rights are misunderstood by most folks. This may be because most people’s exposure to them is through television series or films. While Miranda rights can be read to everyone slightly differently, they consist of:

• Having the right to remain silent.
• If you choose to give up that right, anything you say can and will be used against you.
• Having the right to an attorney.
• If you cannot afford an attorney, one will be provided to you.
• Ensuring that you understand your rights as they have been explained to you.

Miranda rights are in place to protect you from unlawful tactics used by police officers that could lead to incriminating statements against you. Police officers are not required to read you your rights until you are under custody and they intend to interrogate you. Even then, some officers may choose not to read you your rights in an attempt to scare you into giving information or confessing to a crime. If this happens, let your attorney know as this information can be suppressed by your trial judge.

Criminal Defense Attorney in Gainesville, FL

Having an attorney by your side after being arrested can be crucial for your case. An attorney will provide you with counsel and ensure that you are being treated fairly and your rights aren’t being infringed upon. Even if you are innocent or if the police tell you that you aren’t a suspect, you have the right to an attorney if you have been arrested and/or interrogated and should exercise this right in order to protect your future. Contact Stout Defense, P.A., today for Gainesville defense attorneys you can trust to have your back.