FORT MYERS AND LEE COUNTY FORT MYERS AND LEE COUNTY
The firm represents clients in Fort Myers and Lee County criminal cases involving DUI, drug charges, traffic offenses, suspended license, violation of probation, misdemeanor charges, and felony charges.
LEE COUNTY CRIMINAL CASES LEE COUNTY CRIMINAL CASES
Criminal defense requires attention to the evidence and the practical consequences of the case. The strategy may involve motions, negotiation, mitigation, diversion, trial preparation, or sentencing advocacy.
CONTACT CONTACT
Schedule a phone appointment to discuss a Fort Myers or Lee County criminal case.
GETTING OUT OF JAIL AFTER AN ARREST GETTING OUT OF JAIL AFTER AN ARREST
In many cases, a person can get out of jail while the case is pending. After an arrest, a judge usually reviews the case and decides whether release is allowed and what conditions apply.
The court may consider the charge, prior record, employment, family ties, ties to the community, and whether the person is likely to return to court.
CAN BOND BE REDUCED? CAN BOND BE REDUCED?
Yes. In some cases, a judge may lower the bond amount or change release conditions. The court may look at employment, family support, financial resources, criminal history, and the facts of the case.
A bond reduction request is often important because getting out of jail can help a person keep working, help family, and assist in preparing the defense.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.
POLICE SEARCHES AFTER AN ARREST POLICE SEARCHES AFTER AN ARREST
When someone is arrested, police are often allowed to search the person and property within immediate reach. This may include pockets, clothing, bags, or other items being carried at the time.
The arrest itself must still be lawful. If police violated someone's rights, evidence found during the search may be suppressed and, in some cases, that may weaken the case or lead to a dismissal.
DRUG DOG SEARCHES DRUG DOG SEARCHES
A police dog alert may give officers a reason to search, but it does not automatically prove a crime occurred. Courts may look at how the stop happened, how the dog was used, and whether law enforcement followed the law.
Drug dog cases often depend on the specific facts of the encounter, including timing, the reason for the stop, and what officers did before the search.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.