TRAFFIC STOPS / DUI / BREATH TESTS:
I'M BEING ARRESTED FOR DUI. SHOULD I PERFORM THE ROADSIDE EVALUATIONS?
According to Florida law, you don't have to. These are just something the officer will use to build a DUI case. Although, the fact that you refused to perform these roadsides could also be used against you - the evidence itself will not be available to the State if you do not provide it to law enforcement.
I'M BEING ARRESTED FOR DUI. SHOULD I TAKE THE BREATH TEST?
Usually - no, don't take it. There are consequences to that refusal though: you will may lose your driver's licenseor get charged with an additional crime. You should also know that your refusal to blow into the machine might be admissible against you if you end up in a trial.
I WAS ARRESTED FOR DUI. I BLEW OVER THE LEGAL LIMIT. WHAT CAN A LAWYER REALLY DO FOR ME?
A lawyer can probably still help you. You may be able to earn you license back in an administrative hearing. Or there may be other technicalities important in your case which may help you.. A lawyer can look over your paperwork and help explain the strengths and weaknesses or your case. Anyone charged with DUI should call a lawyer immediately.
I DON'T THINK I DID ANYTHING WRONG, BUT THE OFFICER PULLED ME OVER ANYWAY. DOES THAT MATTER?
Yes. There are a lot of technical aspects to a traffic stop. An officer must be able to state a reasonable suspicion of criminal activity (or a traffic violation of some sort) to justify a stop or detention. If your case involves a traffic stop, you should talk about that with an attorney.
INVESTIGATIVE PHASE:
LAW ENFORCEMENT HAS CONTACTED ME AND WANTS TO GET "MY SIDE OF THE STORY" OR DISCUSS A CRIMINAL ALLEGATION. SHOULD I TALK TO THEM?
NO. If an officer called (or found) you, you should NOT talk to them until you've talked with an attorney first. Remember, you have the right to remain silent.
LAW ENFORCEMENT WANTS ME TO SUBMIT A SAMPLE OF SOME SORT (i.e.: hair, photo, fingerprint, shoe print, tire print, clothing, paint chip sample, voice, DNA, etc.) SHOULD I COMPLY?
NO - not without talking with an attorney first. However, if the officer has a a warrant, you should comply with the terms of the warrant or court order; if possible, talk to an attorney first to discuss the specific details.
I HAVE BEEN TOLD THERE IS A WARRANT FOR MY ARREST. WHAT SHOULD I DO?
If that's true, then you should call an attorney, THEN turn yourself in.
ARREST PHASE:
I HAVE BEEN ARRESTED. WHAT DO I DO?
Do NOT talk to the officer. Even if you think you can talk your way out of it - you will probably just be making things worse for yourself. Politely, tell them that you do not want to talk and you'd like a lawyer immediately. BE NICE - it may matter later on. At the first chance you get - call your lawyer.
AM I GOING TO JAIL?
If you are being arrested on a misdemeanor, you may be taken to jail OR issued a notice to appear in court. However, if you are being arrested on a felony, you will most likely be going to jail. BUT, you will have a bond hearing within 24 hours. You should contact an attorney immediately.
WHAT KIND OF SENTENCE AM I FACING? WILL I GO TO PRISION?
This is too complicated to answer in general. It will depend on many different varibles. You should contact a criminal defense lawyer to discuss your case specifically.
SHOULD I GO TO TRIAL?
Again, this is too complex to answer in a general way. If you are facing a criminal trial - you absolutely need to talk to an attorney skilled in criminal trial law.
CAN I KEEP THIS OFF MY RECORD?
Perhaps. This is dependant on several factors, including your prior record. Again, you should call a lawyer quickly if this is your concern.
DO I HAVE TO COME BACK FOR COURT?
Possibly not. Most of the time, a private lawyer can come to court for you while the case is pending. (However, there may be hearings which require your presence.)
DO I REALLY NEED A LAWYER?
YES. Since the prosecutors are well trained in the law, evidence, and trial procedure - you need someone on your side to balance the equation. Do not attempt to represent yourself in a criminal matter. Although it is allowable, it is not advisable.
