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The criminal justice process is complex and can be very confusing for anyone who may be facing charges.  If you have been arrested and are looking for answers, you have come to the right place. The Law Office of Alan S. Bernstein, P.A. has been in practice for 35 years and has represented thousands of individuals in criminal cases like yours. With my extensive experience and understanding of Florida criminal laws and procedures, I am capable of providing the aggressive representation that you need.

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What are my rights after an arrest ?

 

After you have been arrested, you have two rights: the right to remain silent – take advantage of it! I cannot stress to you the importance of this rule. Do not talk! You also have the right to an attorney – criminal charges can turn a person’s life upside down, especially if they retain an inadequate defense lawyer to handle their case.

 

Your arresting officer is required to “read you your rights” via the Miranda Warning and to respect those rights after your arrest. If the officer tries to trick, intimidate, or force you into making a statement or saying anything at all before you have retained the counsel of a defense lawyer, you may be able to fight your arrest on the grounds of police misconduct.

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Do I need a lawyer even if I’m innocent?

 

Every criminal defendant needs a skilled criminal defense attorney. Innocent people end up in jail, and the best way to prevent such a miss-carriage of justice, is to hire a criminal defense attorney. Your lawyer will work throughout the criminal justice process to ensure that your rights are protected and the truth prevails.

 

If I intend to plead guilty, why do I need a criminal defense lawyer?

 

Even if may believe you are guilty, there are still options. For example, you may be able to make a deal with the prosecutor to plead guilty to a lesser charge (a plea bargain) in exchange for a lighter sentence. While you could try to negotiate for yourself, it can be very difficult to do so without a thorough knowledge of the law and experience in the practical realities. Criminal defense attorneys are likelier than you are to know what constitutes a good deal, and they also know how to protect your constitutional rights.

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Will I need to go to court?

 

This depends entirely on the circumstances of your case. We pride ourselves in our ability to take cases to trial, but we understand that this may not be the most beneficial option for the client. Our firm is not afraid to go to court and, if a trial could obtain a full dismissal of your charges, we will do so.

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What is the difference between a misdemeanor and a felony?

 

Criminal offenses can be separated into two kinds: misdemeanors and felonies. Misdemeanors are lesser offenses that usually result in a fine and possibly time in jail. Examples include DUI, shoplifting, and possession of small amounts of marijuana. There are many crimes that are felonies, however, which incur heavy fines and times in state prison instead of the county jail. Some of these offenses include violent crimes such as murder and manslaughter, sex offenses, or theft crimes like burglary and robbery. In addition to crimes such as larger amounts of marijuana and other drug crimes.

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How long will it take before my case is completed?

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The length of a criminal case depends on several factors, such as type and number of charges, the strength or weakness of the prosecutor’s evidence, potential defenses and the strength or weakness of those defenses, the plea offer or recommendation from the prosecutor, and, most importantly, whether you are innocent of the charges altogether.

As a general matter, however, infractions, traffic offenses, and simple misdemeanors can be completed relatively quickly; more complex misdemeanors and simple felonies can be completed in as little as a few months, whereas serious or complex felonies or cases with multiple charges can take up to a year or more until final disposition.

 

Will my case be dismissed if the police did not read me my Miranda Rights?

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The continued popularity and proliferation of crime drama television shows perpetuates the idea that the police must advise the suspect of his or her Miranda rights immediately upon being arrested. This television show concept, however, is a myth. The police are under no obligation to inform someone of their constitutional rights once placed in custody.

The Miranda warnings – generally, the right to remain silent and the right to an attorney – take their name from the 1966 U.S. Supreme Court decision of the same name, Miranda v. Arizona. The landmark decision requires law enforcement officers to inform individuals in custody of their rights prior to any questioning. In other words, with some limited exceptions, Miranda warnings are only required when the police interrogate someone while they are in custody.

Given these two requirements, the question whether a case will be dismissed can become a complex question. Suffice it to say, while complete dismissal of the case is not impossible, the more likely result from a Miranda violation would be suppression of the illegally obtained evidence.

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What if I’m guilty?

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Although your thoughts on guilt or innocence of the charges against you are important, it is only one factor that should be considered in how to dispose of the criminal case.

The Law Office of Alan S. Bernstein is committed to ensuring that those charged with criminal offenses receive a result that is in their best interest. In doing so, we always ensure that the conduct of the police has been proper and the prosecution can meet their burden of proof.

 

Can I represent myself?

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Yes. Although the right is not unlimited, in every criminal prosecution, the accused may not be permitted to act as his or her own attorney. However, the better question is whether you should represent yourself. To that question, the answer is undeniably no. 

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For an aggressive defense of your rights, contact South Florida criminal defense attorney Alan S. Bernstein P.A. for a free consultation. Call today and put an experienced effective advocate on your side who will defend your rights.

Call 954-925-3111 or 954-347-1000 on evenings and weekends.