Common Terms Used in the Criminal Justice System in Broward County

Like any other state, the criminal justice system in Broward County, Florida has its own set of unique terms that can be difficult for the average person to understand. Whether you are facing criminal charges or want to learn more about the legal system, it is essential to have a basic understanding of these common terms. 

This article will explore some of the most frequently used terms in the criminal justice system in Broward County.

Frequently Used Terms in the Criminal Justice System in Broward County

Some of the common terms used in the criminal justice system in Broward County include;

1. Arrest

An arrest happens when a law enforcement officer takes someone into custody to charge them with a crime. The arrest can be made with or without a mandate, depending on 

the turn of events.

2. Booking

After an arrest, the suspect is taken to a law enforcement facility for booking. This process involves taking the suspect’s fingerprints, photographs, and personal information. The suspect is searched, and personal belongings are taken and held until released.

3. Bail

Bail is a sum of money paid to the court to secure the release of a suspect from jail while they await trial. The amount of bail is determined by the judge and is based on several factors, including the severity of the crime and the suspect’s criminal history.

4. Charges

Charges refer to the specific criminal offenses a suspect is accused of committing. The prosecutor formally files the charges, which can be amended or dropped at any time.

5. 
   Plea

A plea is a suspect’s response to the charges against them. If the suspect pleads guilty or no contest, they admit to the charges and will be sentenced accordingly. If the suspect does not plead guilty, they will proceed to trial.

6. Trial

A trial is a legal proceeding in which the prosecution and defense present evidence and arguments to a judge or jury. The trial aims to determine whether the suspect is guilty of the charges against them.

7. Verdict

The verdict is the decision reached by the judge or jury at the end of the trial. If the judge finds the suspect guilty, they will be sentenced. If they are found not guilty, they will be acquitted and released.

8. Sentencing

Sentencing is how a judge determines the punishment for a convicted defendant. These sentences include probation, community service, jail time, or fines.

9. Appeal

An appeal is a request to seek the higher court for justices if not satisfied with the lower court’s verdict. An appeal can be made by either the prosecution or defense and is typically based on a claim that a legal error was made during the trial. 

10. Probation

Probation is when a convicted defendant is released into the community under the supervision of a probation officer. The defendant must follow certain conditions, such as attending counseling or staying away from certain people or places.

 How Mayersohn Law Group Makes This Process Easier

Our attorneys at Mayersohn Law Group offer personalized legal assistance to help clients understand their rights and options. We take the time to explain the charges, potential penalties, and the legal process, ensuring clients are well-informed and prepared.

Personalized Legal Assistance

We offer personalized legal assistance to help you understand your rights and options within the criminal justice system in Fort Lauderdale and throughout Florida. We take the time to explain the charges, potential penalties, and the legal process, ensuring you are well-informed and prepared.

Bail and Bond Support

 We assist you in securing bail, explaining the conditions, and ensuring compliance to prevent further legal complications.

Negotiating Plea Deals

If you are considering a plea deal, we negotiate with prosecutors to reach favorable agreements. We ensure that any plea deal is in your best interest and provides the best possible resolution.

Comprehensive Trial Preparation

If your case goes to trial, we prepare by gathering evidence, interviewing witnesses, and developing a strong defense strategy. Our thorough preparation and courtroom experience increases the likelihood of a successful defense.

Appeals and Post-Conviction Relief

If you are dissatisfied with a trial’s outcome, we can assist with filing an appeal. We analyze trial records for legal errors and work to secure a more favorable verdict or sentence.

Probation Management

We help you navigate probation terms, ensuring you understand and comply with all conditions. This support minimizes the risk of probation violations and additional penalties.

Supportive Legal Counsel

Throughout the entire legal process, we provide supportive legal counsel, addressing any concerns or questions you may have. Our commitment to your satisfaction and justice makes us a trusted partner in navigating the criminal justice system.

Contact Details 

If you need help understanding the criminal justice system in Broward County, call us now to schedule a consultation.

Tel: 954-765-1900

www.mayersohnlaw.com

Build a Strong Criminal Defense in Florida

Building a compelling case and crafting a winning criminal defense plan in Florida is essential if you have been accused of a crime. Although being charged with a crime can be frightening and intimidating, knowing that you are innocent until proven guilty and that the U.S.

The constitution guarantees you the right to a strong defense is vital. A strong defense strategy may cite constitutional violations, prove an alibi, or claim self-defense, entrapment, or insanity, depending on the case’s specifics.

1. Hire an Experienced Defense Attorney for Your Criminal Defense in Florida

The first vital step is hiring a criminal defense lawyer well-versed in Florida court procedures and criminal law. Your lawyer can help you create a solid defense, advise you on your rights, and lead you through the court process.

2. Know Your Right

You must be aware of the several constitutional provisions that protect your rights. You have the right to silence and the right to counsel under the Fifth Amendment of the United States Constitution. You also have the right to cross-examine witnesses, have suitable representation, and have your case heard by a jury according to the Sixth Amendment.

3. Gather Evidence and Information for a Solid Criminal Defense in Florida

You can work with your lawyer to compile proof and information to strengthen your case. This may consist of witness testimony, police reports, medical records, and other data pertinent to your lawsuit.

4. Develop a Defense Strategy

Your lawyer will create a defense plan suited to your case based on the information and evidence acquired and the assessment of the prosecution’s case. This could entail contesting the admissibility of specific evidence, arguing that the trial has not satisfied its burden of proof, or putting out counterarguments.

5. Disclose All Details to Your Attorney

You must tell your lawyer the truth and give them all the pertinent information regarding your case. Your criminal lawyer can only develop a successful defense plan once they have all the information. The attorney-client privilege is in effect when you speak with the defense attorney about your case. This implies that your lawyer cannot disclose the protected information you give them even if you admit your involvement in the crime.

6. Consider Plea Bargains or Alternative Resolutions

In some cases, your defense attorney may advise you to consider a plea bargain or alternative resolutions, such as diversion programs. A plea bargain can reduce charges or lessen penalties, while diversion programs may allow you to avoid a conviction by completing specific requirements. These options depend on the nature of the charges and the strength of the prosecution’s case, but they can sometimes offer a more favorable outcome than going to trial. Your attorney will help you weigh the pros and cons of these choices to make the best decision for your case.

Frequently Asked Questions 

Contact Mayersohn Law Group
At Mayersohn Law Group, we specialize in providing a strong defense for clients facing legal challenges. on’t leave your future to chance—let our experienced attorneys be your strongest advocate.

Phone: (954) 765-1900

Email: [email protected] 

Understanding the jury’s role in criminal case proceedings is crucial since the right to a jury trial is a key component of the judicial system. Anyone facing a potential punishment of at least six months in prison is entitled to a jury trial under the Sixth Amendment of the United States Constitution. An offense that carries a sentence of fewer than six months in prison does not qualify for a jury trial. In some states, the right to a jury trial is generally not available to adolescents in juvenile delinquency trials.

The Function of a Jury in Criminal Case Proceedings

A jury of one’s “peers” is guaranteed under the Constitution, and the courts construed this as a representative sample of one’s community. Before criminal case proceedings begin, a jury is chosen and impaneled through a procedure known as “voir dire.”  It is when lawyers and the judge may examine the potential jurors to ensure their suitability to serve and maintain objectivity in a particular case.

The jury next hears the prosecution’s case, considers any potential counterarguments, and assesses the evidence to decide if it proves the charged criminal acts beyond a reasonable doubt. The jury’s task is to deliberate as a group, weigh the evidence, and, once the required agreement is reached, declare a finding of guilty or not guilty in a particular case.

The benefit of a Jury

The jury trial’s principal advantage is that it checks the prosecutor’s unrestricted power. Prosecutors have a great deal of power in Criminal Case when determining whether to charge a person with a crime and what charges to file. But prosecutors make decisions with the knowledge that once they present the evidence, a panel of people they do not know will decide their case in a trial by jury system.

Limitation of a Jury Trial

Jurors are laypeople who occasionally must comprehend difficult legal principles and apply those concepts to the issue without letting emotion cloud their judgment. It is a difficult task that takes a lot of time, especially when it involves significant felonies.

Finally, the case is typically returned to the judge for punishment if the jury finds a defendant guilty on consensus. They frequently receive an “Allen” charge to retry, or the case is declared a mistrial If the jury cannot reach a consensus.

Self-defense is a form of affirmative defense used in Florida to prevent the legal consequences of violent conduct that would otherwise be illegal. A self-defense argument under Florida criminal law admits that violent conduct occurred. But it defends it because it was arguably required to stop someone else from using unlawful force.

Use of Non-deadly Force

According to Florida Statutes Section 776.012, a person is justified in using non-deadly force in self-defense if they have a good faith belief that doing so is required to protect themselves or another against the impending use of unlawful force by that person. There is no obligation to flee. According to Section 776.013 of the Florida Statutes, the law will presume that the defendant reasonably feared impending death or physical harm if the alleged victim forcibly entered, stayed inside, or tried to eject someone else against their will if the defendant is in their home or vehicle.

Use of Deadly Force

Florida has two main statutes define when using deadly force is appropriate to prevent criminal culpability. According to Florida’s “Stand Your Ground” Law, Section 776.012, a person is allowed to use deadly force without having to retreat if they have a reasonable belief that doing so is necessary to stop a forcible felony from being committed, prevent imminent death or great bodily harm to themselves or another person, or both. A person is also justified in using lethal force under Florida Statutes Section 782.02 if they resist an attempt to kill them or to commit a crime against them, as well as against them, as well as against them, or in the home where they are located.

Evidence Required to Raise a Self-Defense Under Florida Criminal Law

The defendant has a right to self-defense in Florida if the evidence supports the claim. This is a common criterion; thus, a little proof will be adequate, even if self-defense is incredibly tenuous or unlikely. The State’s evidence may even be used to infer self-defense without the defendant or a defense witness ever taking the stand.

Lastly, a jury will consider what a reasonable person would have done in the given circumstances at the time of the incident to justify using deadly or non-deadly force.

Key Terms You Need to Know in Criminal Cases and Criminal Prosecution

A criminal case is where a prosecutor charges a person with a crime. The criminal prosecution process often involves an arrest, information about the crime, and a hearing or indictment. However, it is great to have a proper understanding of the basic terms involved in criminal cases and criminal prosecution proceedings.

Here is a list of key terms you should be familiar with, regardless of your position in a criminal case.

1. Subpoena/ Criminal Summon

An order that commands an accused person to appear in court.

2. Admissible Evidence

This is a piece of evidence that a court may consider for to its reliability and possible help on a criminal case.

3. Dismissal

It is the cancellation of formal charges of a criminal case against a person.

4. Eye Witness

When a crime happens in the presence of a person, such an individual is an eyewitness.

5. Beyond A Reasonable Doubt

The proof helps to seal a guilty or innocent verdict. This type of proof convinces the jury or judge that a person is guilty or innocent of a crime.

6. Brief

This is a written argument by a counsel that is used to argue a case and contains a summary of the facts of the case.

7. Accused

This individual is formally charged with a criminal case but has not faced trial.

8. Admission

It is the confession of a crime by an accused individual.

9. Accessory

Someone who assists another person in committing a felony, e.g., a person that hides evidence that can be useful in an investigation.

10. Accomplice

A person assists or aids another person in committing a crime.

11. Bail

Bail serves two different purposes. It is the amount of money paid to secure the release of a person. Also, it is the amount of money paid to guarantee a person’s appearance in court later.

12. Jail

It is a place where individuals serving short-term sentences are held.

13. Incarceration

It is the confinement of an individual to jail.

14. Judgment

It is the official decision or ruling of a court that determines the parties’ respective claims to a suit. Judgment can also be said to be the court’s legal ruling that determines the guilty’s punishment and the innocent’s acquittance.

15. Coercion

The use of force or threat to make someone commit an act against their will.

16. Search Warrant

A judge gave a written order to search a location for a person, thing, or property.

Learn The Basic Process of Jury Selection in A Criminal Case

In criminal cases, the sixth amendment to the U.S. Constitution guarantees the right to trial and a fair process of Jury selection. According to the Federal Constitution, Article III, Section 2 states, “The trial of all crimes, except in cases of impeachment, shall be jury.” Also, the sixth amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The process of selecting a jury is called “Voir Dire,” which is the Latin translation of “Speak the truth.”

Voir Dire involves the questioning of potential members of a jury to examine their competence. This is because an error in jury selection is a valid reason to call for an appeal in criminal cases.

Here are two major processes of jury selection in a criminal case,

Questioning The Juror

This involves questioning a juror by the judge in the courtroom to ensure that they are legally competent to serve on a jury. The questioning helps ensure that none of the jurors will face any undue hardship due to jury service.

Another part of the questioning will help to ensure that none of the jurors is related to either the defense or the prosecution. Questioning can lead to the removal of jurors who:

• Can’t be available for physical sitting throughout the case.
• Can’t apply the law without being emotional or impartial.

Lastly, the questioning helps to identify the challenges by cause and Peremptory Challenges.

Striking The Jury

This involves an argument on the challenges for cause between the defense and the prosecution. This is where a judge will strike out jurors from the jury panel by granting a challenge either from the defense or the prosecution.

Also, jurors can be struck out through peremptory challenges too. Once each side is satisfied with the jury panel, a jury panel selection process is complete.

The number of jurors required for a jury selection process can vary from 6 to 23. When over-excessive jurors have been struck out, the judge can summon potential junior jurors or declare a mistrial.

A member of a jury must:

• Be 18 years and above.
• Be a U.S. Citizen.
• Live in the court’s jurisdiction.
• Have the right to vote.

Your Rights If You Get Arrested for A Criminal Case

You have the right to remain silent and have an attorney if you are arrested for a criminal case. You may be sent to prison or face other penalties if you are convicted of a crime. The government has the burden of proof to show that you are guilty beyond a reasonable doubt.

1. The Right to Remain Silent

You have the right to remain silent when arrested for a criminal case. Anything you say can and will be used against you in court. Be sure to ask for a lawyer if you decide to talk to the police. Having a lawyer present during questioning is always in your best interest.

2. The Right to an Attorney

You have the right to an attorney if you are arrested. An attorney will be with you during questioning and help you understand the charges against you. They will also assist you in developing a defense and will represent you in court. Anything you say can be used against you when you go to court.

3. The Right to Be Informed of the Charges Against You

The police must inform you of the charges against you at the time of your arrest. The police do not have to give you all the evidence they have, but they must give you enough information so that you can prepare a defense for the criminal case. Ask for a lawyer immediately if you still need to be given this information.

4. The right to a fair and speedy trial For Criminal Case

If you are arrested, you have the right to a fair and speedy trial. The court could appoint an attorney to represent you if you cannot afford one. You can also choose to represent yourself and will be held to the same standards as an attorney.

5. The Right to Be Free from Cruel and Unusual Punishment

The Eighth Amendment to the United States Constitution protects you from cruel and unusual punishment. This protection means that they cannot subject you to punishment that is excessive or disproportionate to the crime you committed if you are arrested and convicted of a crime.

Finally, ask for a lawyer if you are arrested and want to speak to the police but are uncomfortable. Also, remember that you have the right to remain silent immediately after you are arrested for a potential criminal case.

Can I Change my Criminal Defense Lawyer After I have Hired One?

Defendants who hire their criminal defense lawyer are permitted to fire them without the court’s consent. A defendant does not have to provide a solid reason for or even justify the decision to terminate the attorney, regardless of whether the breakdown in the relationship was caused by poor communication, disagreement over tactics, or something else. In actuality, the majority of attorney-client agreements specifically inform clients that they have the option to fire their lawyers.

Defendants can employ a new defense attorney or can (often unwisely) represent themselves after firing their original one. Of course, changing attorneys can be expensive, and the defendant will be responsible for paying the original attorney’s share and the new attorney’s fee. The prosecutor’s right to keep the case going forward must be evaluated against the defendant’s right to switch attorneys.

The court must often approve changes in defense counsel if the defendant is represented by a public defender or court-appointed defense attorney. Efficiency at the court is important because the judge wants to move cases along, and it takes a little bit longer whenever a defendant changes attorney. As a result, judges are only likely to approve requests to switch public defenders in cases when the client-attorney relationship is having quite serious issues.

Why Should I Dismiss my Lawyer?

It is uncommon to fire a lawyer because you do not agree with their tactical choices. It would be best to put your trust in them to make these choices because that is their responsibility. Request a better explanation from your lawyer if you have questions regarding the course of your case or do not understand something.

Your lawyer is also responsible for informing you of developments in your case, representing you with professionalism, and being devoted to serving your interests. It may be time to think about firing your attorney if they are not carrying out these duties.

Alternatives to Changing a Criminal Defense lawyer

Demand from your present attorney improved communication. Often, improving client and criminal attorney communication can resolve issues.

In conclusion, consult with a different lawyer. If you are unhappy with your lawyer’s actions or approach, speaking with another lawyer can give you a fresh perspective.

Criminal Defense Mistakes You Should Avoid

Defendants can pose the most significant risk to themselves due to their ignorance of the criminal justice system or lack of knowledge. Let us talk about some of the usual errors criminal defendants make in court. Here are the top 5 Criminal Defense Mistakes You Should Avoid.

1.    Being Too Quick To Accept A Plea Deal

The prosecutor may provide a plea agreement when you are detained or charged with a crime. The purpose of a plea bargain is to have access to a lower charge to avoid a trial. The Lawyer will inform you they can get the charges dropped if you agree to enter a guilty plea and pay a fee or other penalties. Always be aware of plea bargains and never accept one without first consulting a lawyer about the potential repercussions.

2.    Making Written Statements

Having a lawyer present is crucial when you are being questioned by law enforcement. You might make a serious error if you submit a written statement without legal counsel. Criminal prosecutions frequently allow the use of written remarks as evidence. Statements may not be accurate and may result in additional criminal penalties without the help of an attorney. Anything you say to law enforcement can and will be used against you. So, it is crucial to keep that in mind.

3.    Believing That The Law Doesn’t Apply To You

This is one of the most frequent errors that people make. They believe the law would not apply to them because they have not broken any laws. The law applies to you no matter who you are.

4.    Not having a Criminal Defense attorney conduct the initial interview

The possibility that you will be charged with a crime depends entirely on whether or not a criminal defense lawyer conducts your initial police interview. The initial interview is crucial because it can be your first chance to speak with law enforcement about the accusations made against you and because it is also your first chance to present your side of the story. Another crucial reason is that, before you are arrested, you probably won’t have another opportunity to provide your side of the story.

5.    Not Hiring the best criminal Lawyer

Your freedom and your future are at stake after arrest. You require a tough, assertive criminal defense lawyer with a wealth of knowledge and experience defending clients in court. Do not make the mistake of hiring an untrusted attorney for your case.

Facing Criminal Charges In South Florida?

When hiring a South Florida criminal defense attorney, you’ll want to look for someone who has extensive experience and one who will remain committed to you for the duration of the case. The attorney that you are looking for may not be the same person who you used after a vehicle accident, the person who put together your estate plan, or the one who helped you with your real estate purchases.

Florida Criminal Defense Lawyer Are Vital

A Florida criminal defense attorney serves a crucial role in the outcome of your case but is quite distinct from a civil attorney. Private criminal defense attorneys usually will work in small partnerships or practice on their own.

Usually, they will focus on the specific geographical setting and they have distinctions about which type of criminal defense practice they maintain. Some may only represent certain types of crimes. A typical private criminal defense attorney will likely have had several years of experience working for the government before entering in private practice either as a public defender or as a prosecutor. You should try to hire a criminal defense attorney who has experience in the courthouse in which your case is currently pending while the same laws will be in effect throughout your state.

Procedural Differences In Courts

Procedures will be different from one courthouse to another and your Florida criminal defense attorney already being familiar with the specifics of your case and the way that the cases are handled inside the courtroom can make things much easier for you when trying to protect yourself.

You should also look for criminal defense attorney who has a successful track record in the type of crime with which you are being charged. This will dramatically increase your chances of being able to walk away after being accused of a crime without facing the consequences of conviction or having a criminal record haunt you for many years to come.

Get Help With Your Criminal Charges

Your criminal defense attorney should also give you a heads-up about how he or she will keep you informed over the duration of your case. If you or someone you know has been charged with a crime, call for assistance today.

Domestic Violence Charges Attorney

Florida is home to a wide variety of domestic violence laws and regulations, designed to protect victims of domestic abuse. Under Florida law, there are three basic types of domestic violence charges:

1. Domestic Violence Assault – This charge involves physical harm or an attempt to cause physical harm against a family member, spouse, significant other, dating partner, or even any person that you have had a romantic relationship with in the past. Examples include punching someone or pushing them down.

2. Aggravated Domestic Violence – As the name implies, this is a criminal offense that carries penalties more severe than regular domestic violence assault charges. In most cases, aggravated domestic violence charges will be accompanied by felony-level consequences. Examples include strangulation and use of a deadly weapon.

3. Domestic Violence Battery – Unlike assault, domestic violence battery involves actual physical contact between the perpetrator and victim. This can include anything from slapping to sexual assault. Aggravated battery charges will be levied if the injuries sustained by the victim are considered particularly severe.

What Happens If You’re Found Guilty?

Depending on the severity of the offense and the prior criminal history of the perpetrator, domestic violence charges in Florida can result in anywhere from probation to 20 years in prison. In addition, those convicted of domestic violence will likely be required to complete mandatory counseling and may be subject to a restraining order.

Call Our Office For Help Today

If you have been charged with domestic violence in Florida, it is important that you seek experienced legal representation as soon as possible. A skilled attorney will be able to review the facts of your case and help you develop the strongest possible defense. Contact us today to schedule a free consultation.

First Time Criminal Offender In Florida

A first-time offender is a person facing a criminal conviction for the first time. Depending on the crime, the courts in Florida can show mercy to a first-time offender. The charges can either be dropped or rehabilitated instead of facing imprisonment. 

This option is not available for all crimes. This privilege is only available for non-violent crimes, where the offender is not a threat to the community. The offenses may include, 

• Theft
• Prostitution
• Drug possession
• Juvenile offenses
• Disorderly intoxication

If you are charged with a violent crime or crime involving weapons for the first time, you may not obtain mercy from the court. Severe offenses of first-time offenders include;

1. Hit and run
2. Burglary
3. Robbery
4. Kidnapping
5. Murder and manslaughter 
6. Sex crimes
7. Aggravated assault
8. Domestic violence

What happens if it is your first First Time Criminal Offender in Florida?

1. Charges Can Be Dropped or Reduced

A criminal defense attorney can use the lack of previous offenses to present your case in court as a first-time offender. The attorney may convince the prosecutor to file a lesser charge or even drop the charges.

2. Avoiding Conviction

A withhold of adjudication is often available for first-timer offenders in Florida. The state sees rehabilitation as preventing the person from pursuing a criminal career; therefore, the first-time offender that receives withhold of adjudication is not convicted. 

3. Sealing or Expunging of Record

If you obtain a not convicted adjudication or dismissal as a first-offender in Florida, the court may seal or expunge your record. Sealing or expunging the record is a big advantage because having a criminal record can thwart your future career and educational opportunities. You can get a suitable attorney to help you with expunging your records.

4. Pretrial Diversion

Pretrial diversion can be offered to a first-time offender by the prosecutors. If it is granted, they may or may not plead guilty. You can be ordered to complete a probation period, be issued a fine, participate in community service and counseling, or anything negotiated by the defense attorney. The charge will be dropped and conviction not entered as long as the negotiated terms are completed. Pretrial is for non-violent offenses only.

What You Need To Know About Being Pulled Over by a Police Officer in FL

There should be a valid reason for police to pull you over and detain you. It is important to know your legal rights during a traffic stop since you are likely to be stopped by police once in your lifetime.  Below are a few steps to take when pulled over by police in Florida.

1. Stop your car at a safe location

When a police officer signals to you to pull over, you should find a safe location and come to a complete stop. If there is no safe location close to you, slow down so that the officer will know you are trying to find a place to pull off the road.

Roll down your window, turn off the engine and place your hand on the steering wheel. Keep your driver’s license, registration, and proof of insurance where you can quickly reach them when the police officer asks for it to afford confusion.

2. Follow police instructions

Do not make any sudden movements; remain calm until the police officer asks you to step out of the vehicle or provide documentation. If they are not close to you, tell the officer where they are and seek permission to pick it.

If you have any weapon in the vehicle, tell the officer where it is. Every other person in the vehicle should follow the same instruction and avoid sudden movements.

3. You have the right to remain silent.

You can invoke your right to remain silent and refuse to answer any question after providing your name and address to the officer, and you should politely tell the officer you have the right to remain silent.

This could escalate the matter, be careful not to answer questions that can incriminate you; politely refuse to answer questions that can incriminate you.

4. You don’t have to consent to a search.

If the officer asks to search your vehicle, you do not need to consent to the search. The officer should not search your vehicle without your consent if he doesn’t have a warrant. Do not resist the search but carefully state that you don’t consent to the search. Resisting can escalate the matter and lead to a criminal charge.

In case you are charged with any traffic-related offense or other offenses, maintain your rights, and don’t forget to contact a suitable attorney to handle your case.

Know Your Right to Remain Silent When Charged With Criminal Cases

If you are charged with a criminal case, you can either have a right to remain silent or hire an attorney. However, when you have an attorney, you are also invoking the right to be quiet. This means you do not wish to answer to any interrogation until your lawyer is around.

Invoking the Right to Remain Silence and Police Protocol

Usually, the police will read to a suspect the regulations and rights to remain silent. If the suspect agrees not to participate in an interrogation, it does not stop the police from digging up evidence. Also, any implicating statement the suspect makes during the period of silence can still be used by the police as evidence. The best is not to speak until your attorney arrives at the situation.

More so, suspects don’t need to remain silent after being informed of their rights. The suspect may waive the right if there is a need for some voluntary statements. Nevertheless, the law does not support cajoling by the police, even for a criminal case, especially if it is an underage person.

How to Invoke Your Right to Remain Silent When Charged With Criminal Cases

According to the law, you will need to tell your interrogator expressively that you are exercising the right to remain silent. Often, police officers will take your statement as a request for a lawyer.

It would help if you also were careful of ambiguous or uncertain statements. For instance, “I may need to get a lawyer” or “what if I choose to remain silent.” No police will take you seriously in this case, and some may pretend to know you understand what you should say. Hence, they will continue the interrogation regardless.

If you are dealing with a skilled interrogator, you need to be clever with your actions and words. Often, they love to play ambiguity with suspects’ words.

Learn More About Your Right to Invoke Silence Through an Attorney

The best chance you will ever get before going to a court is by consulting the expert opinion. Wherein, invoking the right to remain silent grants you this opportunity. However, you can now learn more about your rights by reaching out to your local legal advisor or defense attorney.