What to do before and after an arrest for homicide takes place
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When the telephone rings late in the night, or if there's a knock at the door in the night time hours, most people assume that bad news is about to be announced. And of course, this news can occur during any time of the day.
Can you imagine picking up the phone and hearing a voice who identifies themselves as an a officer of law enforcement telling you that there has been an incident involving someone close to you, who is being held, and it would be best for you to come down to the precinct to get the whole story?
Of course in most cases it becomes a mad dash to get yourself ready to go, with all possibilities of what might have occurred going through your mind, and when arriving at the precinct a person in charge tells you that the one you care about has been involved in the death of another person.
In many cases getting this shocking news would cause most people to wonder how something like this could have happened. But once the situation is understood, most people would want to know the details of the incident and the effects it may have on their friend or loved one.
Once an arrest is made, or even in the case where someone has just been brought in for questioning that involves a death which may implicate this person in any way, it is vital to immediately seek out counsel so the this person's rights are protected. The person being detained should never talk to law enforcement whether they believe they are innocent or guilty of any charges that may be pending. As they say on TV, always lawyer up.
Like any other crime, it's the job of law enforcement to make an arrest in an instance where a death has occurred. Depending on the evidence gathered, a suspect may be questioned before being notified that they are being charged in a criminal complaint.
When a knowledgeable criminal defense lawyer is present during this phase, the interests of their client will now be protected. Without this protection, law enforcement may try to question their suspect to obtain any details that could possibly be later used to demonstrate guilt; if a case goes to trial. Anything you say can and will be held against you in a court of law.
In the event that the suspect is placed under arrest and their Miranda rights are read they will be processed; by methods of fingerprinting, mug shots taken, and in the State of Florida, even having their DNA collected. This has been the case since 2009 when the Florida legislature passed a law that anyone charged with a felony must submit it upon request.
Local police or federal agents will also confiscate any possessions found on their suspect, and possibly try to use whatever they find as evidence against them. They may also require the suspect to participate in a line up, and will do everything in their power to get a confession from them.
It is not illegal for law enforcement to lie to a suspect during an interrogation to gain an advantage but some lies if proved to be false at trial can be grounds for overturning a conviction or at the least disallowing admission of certain statements. This can be the case if a lie was told that caused an innocent person to confess to a crime that they did not commit due to harassment by their interrogator which caused their suspect to believe they would be convicted anyway unless an admission of guilt was acknowledged. An example of this would be telling their suspect that their finger prints or DNA was found at the scene of a crime when in fact they weren't. A skilled criminal defense attorney relies on scenarios such as these at trial to cast doubt upon the prosecution's case.
But worst of all, a suspect will be held in custody pending further legal action and when retained, it becomes my first priority to get that person released.
At this juncture, it is essential that experienced representation is present to make sure the proper legal procedure and the rights of their client are not violated. A worthy attorney will never allow their client to speak to any authorities of law enforcement directly, and under no circumstances allow the client to speak to their accusers if the attorney is present when this process is underway.
My prior involvement with the prosecution as well as local and government law enforcement has taught me to reach out to get all information of why the charges were alleged, and by doing so giving me the ability to plan the best defense that can test their allegations, hypothetical evidence and testimony of witnesses.
So don't delay. Calling me at the onset of a criminal case will always increase our chances of a favorable outcome. Fill out the contact form you'll find on every page of this website or call me directly at any of the phone numbers listed for an immediate response.
If an arrest has taken place by local law enforcement in the State of Florida or by any federal agency and you have questions about your constitutional rights, call me as early as possible in a criminal matter regarding the death of another individual.
I will vigorously work to defend your rights and plan a proper strategy for any defense of charges brought forward.
No matter how horrible these allegations may seem right now, my time-tested abilities will ease your mind and help assist with the most favorable outcome.
To read what to do next when a criminal defense attorney is needed click here
If you believe an investigation has initiated or an arrest has been made click here
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