What Are My Legal Rights?
Orlando and Central Florida Attorneys. The Law Office of Joe Castrofort, PLLC Provides Aggressive and Professional Criminal Defense Lawyer Services in Orlando, Orange County, Seminole County, Osceola County, and throughout Central Florida.
Call 407.233.0557 to Speak with an Orlando and Central Florida Criminal Defense Lawyer at The Law Office of Joe Castrofort, PLLC.
Most people when they think of their legal rights in a criminal investigation or even a simple traffic stop, they think about what they have heard on TV, known as Miranda Rights:
- You have the right to remain silent;
- Anything you say can and will be used against you in a court of law;
- You have the right to talk to a lawyer and have a lawyer present with you during questioning;
- If you cannot afford a lawyer, one will be appointed for you if you so desire;
- If you do choose to talk to the police, you have the right to end the interview at any time;
- Do you understand each of these rights as I have explained them to you?
- With these rights in mind, do you wish to talk to us now?
Additional information about Miranda Rights:
- If Miranda Rights are not read prior to an interrogation while the accused is in custody of law enforcement - any statements made, including a confession or information the accused says that leads law enforcement to additional evidence, the confession, all statements made, and all evidence gathered as a result of statements made while in custody may be deemed inadmissible in court against the accused.
- Before you make any statements to law enforcement, you must remember to ask if you are in custody, because any statements you make before you are placed into custody for interrogation may be used against you in a court of law, regardless is you have been read your Miranda Rights or not.
- Failure to read the accused his or her Miranda Rights does not always mean an automatic dismissal of the charges against you. If law enforcement and prosecutors can build a case against you without using any of the information obtained by you while in custody in the absence of the accused being read his or her Miranda Rights, the accused may still face trail if the prosecution has enough evidence against the accused to seek a conviction.
You must also be aware that Miranda Rights only apply to those who have been placed into custody for interrogation. You have other rights as well, known as "civil rights" or "constitutional rights".
Civil Rights violations often involve actions by law enforcement, prosecutors, or other investigative agencies that abuse their authority or violate the accused civil rights prior to an arrest, during the course of an arrest, while in custody, or during a trial.
Criminal Civil Rights violations commonly include:
- Failure to properly administer Miranda Rights to an accused that is placed into custody for interrogation.
- A lack of lawful probable cause to stop, search, or question the accused;
- Law enforcement making false or misleading statements in a police report;
- Withholding evidence that may help prove a defendant's case;
- Manufacturing of evidence against the accused;
- Excessive Force used by Law Enforcement;
- Unlawful influence applied to witnesses by law enforcement to testify in a specific way against the accused;
- The use of unlawful and unauthorized methods of entrapment by law enforcement to arrest the accused or to gather evidence against the accused.
- Illegal Search and Seizure of property, possessions, or assets;
- Failure to Intervene when a law enforcement officer observes another officer violating an accused constitutional rights;
- Police Misconduct of any kind;
- False Arrest; and
- Malicious Prosecution, just to name a few.
An arrest does not always mean a conviction is a foregone conclusion. If a conviction is automatic, there would not be any attorneys practicing law while protecting the legal rights of those accused of a crime or crimes.
Obtaining the services of an experienced Criminal Defense lawyer, attorney or law firm may provide you the best opportunity to ensure your legal rights are protected in an effort to seek the best possible resolution in your criminal case.
When charged with a Criminal Defense or related crime it is important to be made fully aware of your legal rights, defense strategies, and to have aggressive, detailed, and dedicated criminal defense legal representation in your corner.
Make sure your legal rights are protected and you voice is heard.
As your Orlando criminal defense attorney (lawyer), Joe Castrofort, Esq., will:
- Inform you of your legal rights and options;
- Review, analyze, and investigate all evidence against you;
- Analyze the circumstances leading to your arrest;
- Analyze the actions of law enforcement leading up to, and during your arrest;
- When available, seek to have your criminal charges dropped, reduced or fight for a diversion program;
- Recommend the most viable criminal defense strategy regarding your case;
- And when necessary, aggressively protect your legal rights in court.
The Law Office of Joe Castrofort, PLLC possesses thorough knowledge regarding all State and Federal laws regarding criminal defense issues, and has the experience to effectively employ this knowledge in the defense of your criminal charges.
Protect your rights by seeking the legal advice and representation of an experienced Orlando Criminal Defense Attorney / Lawyer.
Call 407.233.0557 to Contact an Orlando and Central Florida Criminal Defense Lawyer at The Law Office of Joe Castrofort, PLLC in the Orlando, Orange County, Seminole County, Osceola County, and throughout the Central Florida area.