Dealing with the Police

South Florida Criminal Defense Attorney John M. Howe

Every day, people who are arrested react in the wrong way and doom their chances of avoiding jail. There are a few simple guidelines that everyone arrested for any charge, from DUI/DWI to assault with a deadly weapon, should follow to help their cases:

It is always unwise to speak to the police without legal counsel present!

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This is the most important guideline of all. You have a right to remain silent, and that means you do not have to answer any questions at all. You may think that you can talk your way out of trouble, but you may accidentally reveal something that the police will use as evidence against you. The situation is more common than one might imagine. Often, attorneys see clients who have spoken to the police without representation who have significantly damaged their chances in court.

Unless you are experienced with our criminal justice system, you probably do not know the ins and outs of the law, and might admit to something that is illegal - even though you don't realize it. You could say something that the police officer will misinterpret as a confession. The officer could write down what you said incorrectly. Now you are faced with not only the situation that brought you to the police in the first place, but you have to explain how the officer's version is wrong. In other words, you just made it harder on yourself.

Be polite and respectful.

You can refuse to answer questions without being rude. Simply say, "I'm sorry, I prefer to consult a lawyer before answering that," or something to that effect.

Get a lawyer!

If you do not have a lawyer prior to their interrogation, the police must provide you with one if you ask them. As soon as you ask for a lawyer, they are legally required to stop all questioning until your lawyer is present. This is true even if you cannot afford an attorney - they must provide one.

It will not always be easy to follow these guidelines. Anyone who has been arrested is bound to be upset and have trouble remaining respectful. And it may be difficult to remain silent when an officer is threatening to put you in jail or turn your children over to protective services if you don't cooperate. In almost all situations, it is advisable to have an attorney present before answering questions. It may be uncomfortable, but if you accidentally land yourself in jail, you will be much more uncomfortable in the long run.

Contact South Florida Criminal Defense Lawyer John M. Howe

A leader in the criminal defense and legal communities, Attorney John M. Howe presently serves as President-Elect of the Palm Beach County Bar Association, a Director of the Florida Association of Criminal Defense Lawyers and a Past-President of the Palm Beach Association of Criminal Defense Lawyers.

Contact the Law Offices of John M. Howe online to discuss how he will fight to protect your rights, or call him at 561-296-7772 or toll-free at 866-930-2938. During your first meeting, Mr. Howe will examine your case and determine the best way in which his services can be utilized to help you fight the drug trafficking or other drug crime charges you are facing.



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