Frequently Asked Questions - Defense in Miami
If you've been arrested or are facing criminal charges, you most likely have a lot of questions. The criminal court system is overwhelming and confusing, which is why it is imperative that you retain aggressive defense to help you fight the charges and severe penalties you face.
Attorney Michael Mirer is more than happy to answer your questions and address your concerns during a free initial case evaluation, so you should not hesitate to
contact the Law Office of Michael Mirer, P.A. today. For more information, check out answers to some of the questions the firm is commonly asked.
The officer did not read my rights when I was arrested. Does this affect my case?
Law enforcement has a responsibility to make an individual aware of their rights when they are taken into custody, and yes, the officer's failure to do so at the time of your arrest could have significant impact upon your defense. One of the facts that the officer must inform you of is your right to remain silent, because anything you say could be used against you as evidence. Because you were not read your Miranda Rights, your attorney can implore the judge to rule that any self-incriminating statements you made during your arrest are inadmissible as evidence.
When is a drug crime a federal offense?
Although the specific circumstances of your case will affect your charges, drug crimes are typically charged as federal offenses when the defendant is accused of a crime involving large amounts of an illegal or controlled substance or if they are accused of transporting drugs across state or national borders.
Do I have to answer police questions?
If you have been arrested, you have the right to remain silent. You do not have to answer questions that the police may ask you. During questioning, law enforcement is allowed to lie to you in an attempt to get information or to obtain a confession. By taking full advantage of your right to remain silent as well as your right to an attorney, you can help ensure that you do not unintentionally incriminate yourself or say or do anything that may negatively impact your case.
How is juvenile court different than normal criminal court?
Florida has some of the nation's harshest laws for juvenile offenders but the juvenile court system is usually more interested in rehabilitating a convicted minor rather than punishing them. This means the court will often seek to restore the offender to good standing in the community by having them undergo counseling, meet with a probation officer, or perform regular community service in an effort to turn them away from dangerous and illegal habits. If the juvenile is tried as an adult, they will face the same severe penalties any other offender could be sentenced to, which is why it is crucial that your attorney fights to keep the case in the juvenile court system.
What's the point in fighting my DUI charge if they can prove my BAC was over the limit?
Unfortunately, far too many people wrongly assume that it is impossible to win a drunk driving case, and thus it is futile to fight their charges. In reality, there are many factors that can seriously impact the prosecution's evidence against you, which is why your case should be evaluated by an experienced defense attorney. Your attorney can assess the circumstances that led to your arrest and determine whether your BAC results were tainted by such things as an improperly calibrated machine, the officer's failure to follow standard testing procedure, if you vomited or burped before taking your breath test, or if an alcohol swab was used to clean your arm before a blood test. Discuss your case with a lawyer to learn what defense options are available to you.
When should I involve an attorney?
Our advice is to contact an attorney as soon as you have become aware that you may face arrest, or if you are facing criminal allegations of any kind. Even if formal charges have not been filed against you, having a legal professional to represent your interests is of the utmost importance. It is never too early to at least consult with an attorney, as this is a valuable opportunity to learn more about what you are potentially up against and whether you actually need legal counsel at all.
Why should I hire a private attorney?
The state provides public counsel to those that cannot afford to retain a private attorney, but this option should be avoided unless absolutely necessary. Public defenders are assigned to numerous cases at a time, which means they are overworked and unable to devote the amount of time needed to craft a careful and detailed defense for each client's case. When you enlist a private defender for your case, you receive the benefit of having an attorney on your side who is fully committed to protecting your rights and fighting for your freedoms and future. Your lawyer can thoroughly investigate the charges and evidence brought against you to find the flaws and inconsistencies in the prosecution's case and relentlessly advocate on your behalf.
How can you help me?
As an experienced criminal defense lawyer and as a former prosecutor, Michael Mirer is extremely familiar with the Florida criminal court system. He can use his legal knowledge, his firm's resources and his experience to:
- Help you avoid formal charges in the first place
- Expedite your release from jail or custody
- Protect your Constitutional rights
- Represent you through the extent of your criminal case in order to help you resolve this matter to the best possible outcome