Qualities Your Defense Attorney Should Have

When you or a loved one are accused of a crime, you may not be thinking clearly. The last thing that you want to do is make a bad situation even worse. Get the help that you need by hiring the right criminal defense attorney.

Tempering Yourself under Detention

Being flagged down by the police on suspicion of drunk driving is always a possibility. As the precept of ‘innocent until proven guilty’ prevails, you need to have your wits about you if the authorities try to book you. Here are some tips to keep in mind in case a dreaded DUI arrest comes knocking.

Options for Criminal Defense

If you have been accused of a crime in the Tampa area, you might wonder what types of defense you could use. The answer depends on many factors, including the crime that you are accused of, the circumstances surrounding the crime, and the evidence, among others. Below are a few of the potential defenses accessible to a defendant.

Pleading Innocent

Defendants may choose to plead innocent. They might back up this plea with evidence, such as witnesses who could provide an alibi demonstrating that the defendant was somewhere else at the time the crime took place. Other types of evidence, such as forensic evidence, might point to someone else being responsible for the crime instead of the defendant.

Other Explanations

In some cases, defendants might admit that they committed an act but argue that they acted in self-defense. In other cases, they might argue entrapment if it appears that law enforcement has caused them to do something they otherwise might not. For example, a defendant persuaded to buy drugs by an undercover police officer might claim entrapment.

Lesser Charges

Even a defendant who does not claim to be entirely innocent may have options. For example, a defendant charged with first-degree murder might explain as part of the defense that he or she did not intend to harm the person who died.

Plea Bargain

Another possibility is pleading guilty without going to trial. In a plea bargain, a defendant usually pleads guilty to lesser charges and receives a lighter sentence.

When Your Teen Has a Run-in with the Law

The teenage years are a time when your child is supposed to make mistakes and learn from them. Unfortunately, whether due to being caught up in the moment or simply being in the wrong place with the wrong people, some teenagers may find themselves arrested by the police.

Of course, no one wishes or expects such a scenario to happen to their child, but knowing what actions to take in case it does can help get your child out of trouble faster. In the event your child has a run-in with the law, keep these steps in mind:

There’s No Time for Anger

Keep a cool head and try to figure out what happened and where your child currently is. The last thing you want to do is to add more stress and fear in your teen. The most important thing here is that you get your child out of jail as quickly as possible.

Factors That Establish Probable Cause for Arrest

The police cannot arrest you based on mere suspicion, even though they may feel strongly about your guilt. In most cases, the law requires police officers to have an arrest warrant.

There are times, however, when the police may legally arrest someone without a warrant. In such circumstances, an officer must establish “probable cause”, or the arrest becomes unlawful. Factors that establish probable cause for arrest include:

Observable Evidence

One of the easiest ways to establish probable cause is through observable evidence, or observations that police recognize as a familiar pattern of criminal activity. Driving around an area repeatedly is a good example of observable evidence. Staggering and other signs of intoxication are other examples.

The Rights of a Person with Criminal Charges

The US Constitution laid out a comprehensive list of rights a person accused of criminal charges has, such as the right to remain silent, to confront witnesses, to have a public and a jury trial (and a speedy one), to be adequately represented by an attorney, and protection against being tried twice for the same offense, or “double jeopardy”.