Punta Gorda, FL – The American criminal justice system is designed to put the burden of proving a crime on the government entirely. The defendant does not need to provide the state with any information, present a defense case, or testify in their own defense at trial. This means that questions which the police ask only need to be answered voluntarily, and the defendant cannot be forced to speak. The right to receive advice from a criminal lawyer is also an important part of this process, as they can inform the person regarding how they should respond based on the situation.
The Fifth Amendment
The Fifth Amendment of the U.S. Constitution is the right against self incrimination. This means that a person cannot be forced to speak in such a way that is going to help the government secure a conviction. They can choose to remain silent and then let the government attempt to convince a jury of the suspect’s guilt. One of the reasons that police are required to give Miranda warnings during an arrest is so that the suspect knows that they can choose to be silent and make the government do all of the work to prove the case.
Always ask for legal representation
It is important for the person who has been arrested to tell the police that they do not want to answer questions until they have spoken with a lawyer. In practice, this can be difficult at times, as police will often attempt to ask multiple times, make threats, or misinform the suspect that they do not have the right to talk to a lawyer at the time. If the police get statements illegally, the attorney can attempt to contest the introduction of this evidence at a later time.
Suppression of statements
When police violate these procedures, any statements that were collected illegally or coerced can be suppressed. As a general rule of criminal procedure, illegally obtained evidence is not allowed to be introduced as part of the state’s case to secure a conviction. One of the defense attorney’s most important jobs is to review all of the evidence to look for issues related to illegally collecting either physical evidence or statements and information. In cases where a confession or statements are the government’s primary form of evidence, having these items suppressed can result in a reduction in charges or a dismissal of the case altogether.
Criminal defense lawyers in Florida
The Law Offices of Michael M. Raheb is a firm that helps people who have been arrested and need to defend against the state’s charges. Anyone who needs assistance with criminal defense can contact their attorneys to learn more.
Firm contact info:
2423 First Street, Fort Myers, FL 33901