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Maybe it’s a rumor your cousin heard, an ominous text from an unknown number, or something that happened to one of your friends. Whatever the reason, you’ve found yourself worried that you might be arrested or charged with a crime. Many people worry that it will make them look guilty to hire a criminal defense attorney too soon. Let’s examine how pre-arrest representation can prevent criminal charges in Miami.
If you hire a criminal defense lawyer in Miami before you’ve been arrested or formally charged with a crime, it doesn’t make you guilty – it makes you smart. Being prepared and proactive is always the right call when facing potential legal challenges, whether in the civil or criminal arena.
If your arrest feels imminent, finding the right Miami criminal defense attorney to meet your needs is much easier to do from the comfort of your home, rather than from inside a jail cell.
Understanding Pre-Arrest Representation
Pre-arrest representation is not a new or uncommon idea. People choose to retain a defense attorney to pre-emptively deal with incoming criminal charges for a wide variety of reasons. For example: a business entrepreneur operating in an emergent, legally nebulous industry, someone worried about a vindictive ex-partner falsely accusing them of crimes, or anyone whose line of work puts them at risk of being in the wrong place at the wrong time.
While some people are wrongly worried about the implications of guilt, others may be hesitant to hire pre-arrest representation because they’re embarrassed or otherwise uncomfortable talking to a lawyer about the situation. If this describes you, a criminal defense attorney is there to help you, not judge your situation.
A top defense attorney like Miami’s Ramon de la Cabada offers legal services that are confidential, comprehensive, and designed to get you through the challenges to come, regardless of your background or the circumstances that left you seeking legal help.
The Seven Basic Steps in a Criminal Case
The seven basic steps in a criminal case are as follows (but keep in mind each case is unique and the criminal justice process in Florida is complex and multifaceted):
- Investigation. Law enforcement gathers evidence, conducts interviews, conducts surveillance, etc. If you look at investigation as the first step, many cases are underway before a suspect is ever aware they’re under investigation.
- Arrest. If probable cause exists, the police may make an arrest (or obtain a warrant).
- First Appearance. Under Florida Rule of Criminal Procedures (section 3.130), anyone arrested in the state must appear before a judge within 24 hours of their arrest in order to be informed of the charges and their rights.
- Arraignment. This is when charges are formally read into the court record, and the defendant enters their plea.
- Discovery. Pre-trial proceedings may be lengthy in some criminal cases. Various motions regarding evidence may be entered, and in some situations, a case may even be settled here through plea agreements and negotiations before the matter reaches a full trial.
- Trial. When a criminal case proceeds to trial, the state must use evidence and testimony to prove the defendant’s guilt beyond a reasonable doubt. The defense may also present witnesses and evidence to refute the charges.
- Sentencing. If convicted, the defendant will be sentenced according to Florida law. Various post-trial motions (e.g., appeals) may also now occur.
When to Hire a Criminal Defense Attorney
Many criminal cases commence with law enforcement interviewing witnesses, gathering records, or contacting potential suspects for questioning, rather than immediately making an arrest. This can potentially give the subjects of investigations a chance to learn about pending charges and prepare for them ahead of time. In this scenario, the ideal time to act and contact a defense attorney is as soon as possible.
When it comes to getting the most out of proactive legal counsel, earlier is always better. Rather than waiting for a formal charge and its consequences, your attorney can communicate with investigators on your behalf, protect your rights, and ensure you don’t accidentally incriminate yourself or say something that can be misconstrued.
With over 10,000 felony filings in Miami-Dade County criminal court each year, the possibility of being blindsided with a stiff sentence for criminal charges is, unfortunately, all too real. It’s important to err on the side of caution and protect yourself as quickly and thoroughly as possible if you have any reason to believe you may be facing criminal charges. The most optimal way to do this is by getting in touch with competent legal help.
FAQs
What Is the Hardest Criminal Case to Beat?
The hardest criminal case to beat is the one that you fail to take seriously or prepare adequately for. Preparation will depend on several unique factors, such as the severity of the crime, the evidence available, the prosecution’s resources, and the quality of the defense attorney. Beating a criminal charge requires solid evidence and a coherent legal strategy. While you aren’t required to hire an attorney, an attorney who has a track record of success can be a major benefit.
What Is the 33-Day Rule in Florida?
The 33-Day Rule in Florida may refer to the timeline of criminal cases in the state. In most circumstances, someone who has been arrested and detained needs to be formally charged with a crime within a certain amount of time, or they must be released. However, prosecutors may apply for extensions to these deadlines, leaving detained suspects who have yet to be charged with a crime languishing behind bars for weeks on end.
What Procedures Are Used During Arrests?
Many different procedures are used during arrests, depending on the specific situation. If you believe you were violated in a legally actionable way during an arrest, it is important to speak to an attorney who can help you understand your rights and your options. If evidence was collected through illegal searches and seizures or a violation of another procedure, that evidence could be thrown out, assisting your criminal defense.
Do I Need to Hire a Criminal Defense Lawyer?
No, you are not legally required to hire a criminal defense lawyer to represent your case. However, having an attorney can greatly increase your chances of success, since an attorney has experience with gathering evidence, questioning witnesses, and presenting a compelling case in front of a judge and jury. The Law Office of Ramon de la Cabada can work to get your charges reduced or, in some cases, even dismissed.
The Law Office of Ramon de la Cabada – Miami’s Trusted Defense Attorney
If you believe you are the subject of a criminal investigation in the Miami area, contact a lawyer right away. Don’t wait until your arrest makes things more complicated when seasoned pre-arrest attorney Ramon de la Cabada and his team may be able to help avoid arrest entirely with swift and powerful legal intervention.
Early intervention and assistance from an attorney is critical. When you hire an experienced attorney like Mr. de la Cabada, his pre-arrest involvement allows us to dictate how evidence is evaluated and provides the opportunity to potentially counter allegations.
As your lawyer, we may be able to provide evidence of our own to investigators and counter information that investigators are trying to bring to light. For past clients, our efforts resulted in charges not even being filed against our clients. Our early intervention can be vital to your specific pre-arrest circumstances. Reach out to hear how we can help.
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