The criminal justice system is designed to
catch & prosecute
criminals. However, not everyone who is arrested is a criminal or a bad guy.
Sometimes Law Enforcement Agencies make mistakes which your lawyer can use
on your behalf to protect your rights. If you, or a family member or firend
are accused of committing a crime and/or are arrested, the information below
will help you to understand your rights:
A Police Officer, Sheriff or State Trooper
may stop you and ask you questions to ascertain whether or not you are
involved in a criminal defense. Depending on what information the
law enforcement officer has about you, and the type of crime being investigated,
are all material issues to determine if you can be stopped, verbally
or physicaly, for the purpose of detaining you and questioning you about
a crime. Whether the alleged offense is a felony, misdemeanor or
traffic offense, and whether or not the Officer has seen you commit the
alleged offense or is stopping you based upon inforamtion that he has
received describing someone that looks like you, from an Annonymous tip,
Reliable Informant, or Fellow Officer Officer.
Observation, are all critical
factors which a lawyer may review to determine if your arrest was lawful
or not. There are two tpes of Arrests: Arrests with warrants and
Arrests without Warrants: |
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ARREST WITH WARRANT: ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174
1037
An arrest warrant is a written order signed by a Judge
directing the Police Officer to arresst you either at your home, work or
in a public place. If the Officer tells you that you are being arrested on
a warrant, ask to see the warrant, and then consider telling the officer that
you ar enot going to make any statements without having your lawyer present. You
cannot talk yourself out of an arrest if the office rhas a warrant, so the
smart thing to do, is cooperate, do not resist arrest( will lead to additional
charges), listen whil eyour Mirranda rights are read to you, or remeber to
tell your attorney that your Mirranda Rights were not read to you and SHUT
UP.
A Lawyer can often help you to get out of jail, if you are arrested, but a
Lawyer cannot put words back into your mouth once you have utterred them.
Just Remember- EVERYTHING YOU TELL THE POLICE OFFICER WILL BE USED AGAINST
YOU.
Be Courteous to the Officer, but don't volunteer any information!!! You
will be brought to the police station, photographed, fingerprinted, and allowe
dto call your attorney. Unless it is a capital offense( murder) , you
ar eprobably going to be leigible for a bond. Remember the booking process
can take between 12 and 20 hours, so STAY CALM and DON'T SAY ANYTHING WITHOUT
YOUR ATTORNEY. ( If you can't stay quiet, keep asking the Officer when you
will be allowed to call your attorney!) In most cases, you cannot be arrested
in your home without a warrant, unless you consent to the arrest.
ARRESTS WITHOUT WARRANT:
The Police do not have to have a warant to arrest you if they have reason to
believe that you have committed a felony( Crime punnishable by one yea or more
in State Prison), such a murder, armed robbery, or drug trafficking. The police
cannot arrrest you without a warrant for committing a Misdermeanor,( Crime
punnishable by one year or less in county jail) unless the Officer actually
sees you commit the offense. Misdemanors include drunk driving 1st or 2nd offense-
no serious accident, Driving without a valid or suspended license( With
or Without knowledge), leaving the scene of an accident, shoplifting or retail
theft under $250.00, disorderly conduct and public drinking.
There are a few misdemeanors for which you can be arrested
even if the Police Officer does not see you commit the crime. One example is when a
citizen, security guard or store owner may arrest and detain you if they believe
that you have committed the crime retail theft in their presence.
Retail Theft is leaving the store without paying for merchandise or materially
altering the merchandise int eh store for the purpose of hiding it and leaving
the store without paying for it- or paying less by altering the price.
REMEMBER: If you are stopped before you leave the store
by a security guard, store owner or private citizen and they accuse you of
retil theft, DO
NOT SAY ONE WORD TO THEM!!!- except to tell them that you want your attorney
present. DO NOT SIGN ANYTHING AND DO NOT CONFESS NO MATTER WHAT THEY SAY TO
YOU SO LONG AS YOU HAVE NOT LEFT THE STORE!
Wait until a polcie officer arrives, arrests you, brings you to the police
station, and then call an Attorney Immediately. Do not make or sign any
statements or confessions because they will be used against you in court.
The same is true if you are stopped by someone who accuses you of leaving
an accident scene. Do not say a thing, wait until you are arrested, and call
your attorney after you are booked a the police station.
ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
Arrests are only lawful if you committed the crime for which you are arrested,
and your attorney will be able to figure this out by examining the police report
and witness statements. By not saying anything when arrested, you are not giving
law enforcement any rope to hang you with in case including uncounseled admissions
when your case goes to trial. In fact, you might even be entitled to recover
civil money damages for an unlawful arrest that you did not commit depending
on the damages incurred by you due to the unlawful arrest.
RESISTING ARREST: DO NOT RESIST ARREST EVER. IF YOU RESIST ARREST, YOU
WILL MAKE YOUR CASE THAT MUCH WORSE AND MORE EXPENSIVE TO DEFEND. IF YOU RESIST
ARREST WITH VIOLENCE, THAT IS A FELONY AND YOU WILL FACE ADDITIONAL CHARGE
IN FELONY COURT. IF YOU RESIST ARREST WITHOUT VIOLENCE, YOU FACE HAVING
THIS ADDITONAL OFFENSE ADDED TO YOUR CHARGES IN MISDEMEANOR COURT.
ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
RESISTING ARREST WITH VIOLENCE = FELONY
RESISTING ARREST WITHOUT VIOLENCE= MISDEMEANOR
ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
IF YOU BELIEVE THAT THE OFFICER HAS NO LEGAL RIGHT TO ARREST YOU, YOUR
ATTORNEY WILL BE ABLE TO GET AN ILLEGAL ARREST DISMISSED BEFORE A JUDGE.
ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
DON'T GET INTO A FIGHT WITH ARMED OFFICERS AND DONOT ATTEMPT TO SMASH THE WINDOWS
IN THE POLICE CRUISER. IF YOU STAY CALM, THE POLICE WILL DO LIKEWISE.
IF YOU START SWEARING ANDF THREATENING THE POLICE OFFICERS, THEY HAVE THE RIGHT
TO USE WHATEVER FORCE IS NECESSARY TO COMBAT ANY THREATS MADE UPON THEM. YOU
COULD EVEN FACE ADDITIONAL CHARGES FOR ASSAULT AND BATERY AND EVEN IF YOU ARE
FOUND INNOCENT OF THE CRIME FOR WHICH YOU ARE ARRESTED, YOU COULD BE FOUND
GUILTY OF THE ADDITIONAL CHARGE OF RESISTING ARREST.
ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
FORREST FREEDMAN's friendly advice to you "IF YOU ARE ARRESTED":
JUST REMEMBER : IF YOU ARE ARRESTED WITHOUT A WARRANT FOR A FELONY OR
MISDEMEANOR, YOUR ATTORNEY CAN SET A HEARING TO DETERMINE IF THE OFFICER
HAD THE MINIMUM LEVEL OF EVIDENCE REQUIRED FOR A LAWFUL ARREST. IF THE
OFFICER DID NOT HAVE THAT MINIMUM LEVEL OF EVIDENCE REQUIRED FOR A LEGAL ARREST,
YOUR ATTORNEY WILL GET THE ACTION AGAINST YOU DISMISSED. THAT IS WHY IT IS
CRITICAL THAT YOU SAY NOTHING, BECAUSE WHAT YOU SAY CAN BE USED AGAINST YOU
AND CAN MAKE AN OTHERWISE ILLEGAL ARREST , LEGAL.
WILL YOU BE SEARCHED PURSUANT TO A LAWFUL ARREST?
YES; after you have been arrested and before you are read your Mirranda Right,
the police will search your physical body, and any of the area that was within
your wingspan, glove compartment of car, back seat of car, ground near where
you are being arrested, to search for weapons and contraband. If the polcie
find something that it is a crime to possess, drugs or firearms, they will
confiscate it and arrest you for possessing it. The police will also take your
money and car keys, and will not return them to you if they are to be used
as evidence. Otherwise you will get the non contraband items back after you
are relased from the polcie station, so make sure that you verbalize to anyone
present , even at booking, if you notice that the arresting officer has taken
money out of your wallet.
Arrested?, CALL FORREST FREEDMAN NOW 954 7174 1037
ARREST PROCESS; BEING READ YOUR MIRRANDA RIGHTS AND BEING TAKEN INTO CUSTODY
AFTER YOU ARE ARRESTED & SEARCHED, AND IF YOU DON'T
SAY ANYTHING OTHER THAN INFORMING THE POLICE OFFICER THAT YOU WILL NOT SAY
ANYTHING WITHOUT AN ATTORNEY, THE POLICE WILL NORMALLY HANDCUFF YOU AND READ
YOU YOUR MIRRANDA RIGHTS, BEFORE PLACING YOU IN THE POLICE CAR AND TKING
YOU TO THE POLICE STATION FOR BOOKING.
DO YOUR BEST AND TRY TO REMEMBER THE EXACT SEQUENCE OF EVENTS SURROUNDING
YOUR ARREST. THE SEQUENCE OF EVENTS, AND IF AND WHN YOU HAVE BEEN READ YOUR
MIRRANDA RIGHTS, MAY BE A USEFUL TOOL THAT YOUR ATTORNEY MAY USE AT A HEARING
TO INVALIDATE YOUR ARREST.
Your Mirranda Rights are read to you by one of the police officers, during
your arrest. Remember exactly what the polcie officer says to you as what the
police officer says me be critical to your defense.
AT THE POLICE STATION, YOU WILL BE REGISTERED, FINGERPRINTED & PHOTOGRAPHED.
YOU WILL HAVE A RIGHT TO CALL YOUR ATTORNEY (CALL FORREST
FREEDMAN @
954 714-1037). YOUR LAWYER WILL MAKE ARRANGEMENTS FOR TRYING TO GE TYOU RELEASED
OR WILL BE PRESENT AT YOUR INTITIAL BOND HEARING TO TRY TO GET YOU A REASONABLE
BOND.ANY CRIMINAL QUESTION, ASK FORREST FREEDMAN 954 7174 1037
IF YOU ARE ASKED TO PARTICIPATE IN A LINE UP WHERE WITNESSES
WILL BE ASKED TO IDENTIFY YOU OUT OF A GROUP OF SEVERAL PEOPLE THAT MEET
YOUR DEXSCRIPTION, TELL
THE POLICE OFFICER THAT YOU WILL NOT PARTICIPATE IN ANY LINE-UP WITHOUT HAVING
YOUR ATTORNEY PRESENT.
BEST ADVICE; GET LEGAL ASSISTANCE WHENEVER IT IS OFFERED;
CALL ATTORNEY FORREST FREEDMAN 95 4714 1037- WHAT ARE YOU WAITING FOR?
1. YOU ARE ENTITLED TO TELEPHONE A LAWYER OR FIREND TO TELL THEM THAT
YOU ARE ARRESTED;
2. YOU HAVE THE RIGHT TO CONSULT WITH A LAWYER AND
HAVE THE LAWYER PRESENT WHEN THE POLICE QUESTION YOU;
3. WITH OR WITHOUT A LAWYER, YOU HAVE THE ABOSOLUTE
RIGHT TO REMAIN SILENT. REMAIN SILENT AS ANYTHING THAT YOU SAY CAN BE USED
AGAINST YOU IN A COURT OF LAW;
4. IF YOU CANNOT AFFORD AN ATTORNEY, YOU ARE ENTITLED
TO A COURT APPOINTED ATTORNEY.
5. ALL OF THE ABOVE RIGHTS MUST BE TOLD TO YOU BEFORE
THE POLICE BEGIN INTERROGATING YOU. THE POLCIE ARE TRAINE DTO GET YOU TO
SAY THINGS THAT CAN BE USED AS EVIDENCE AGAINST YOU.
THEREFORE, SAY NOTHING AND ASK TO SPEAK WITH YOUR ATTORNEY;
6. Once you have made arragements with your attorney,
tell the police that you have exercised your right to counsel and that your
attorney is on the way.
DUMB PEOPLE WHO THINK THEY KNOW WHAT TO SAY, OR HOW TO
DEFEND THEMSELVES, AT
THE TIME OF THEIR ARREST OFTEN END UP IN JAIL.
SMART PEOPLE DON'T GO IT ALONE & DON'T SAY OR DO ANYTHING UNTIL THEIR
LAWYER ARRIVES & ADVISES THEM WHAT TO DO OR SAY, IF ANYTHING.
NEED BAIL? CALL FORREST FREEDMAN TO ARRANGE
BAIL!
954 714 1037- 954 494 5010 24/7
FORREST FREEDMAN SAYS; I CAN OFTEN GET YOU OUT OF JAIL, BIT I USUALLY CANNOT
PUT YOUR WORDS BACK IN YOUR MOUTH INCLUDING CONFESSION AFTER YOU HAVE UTTERRED
THEM.
DON'T GO IT ALONE, CALL ME IF YOU ARE ARRESTED. I WILL
REPRESENT YOU, GET YOU A REASONABLE BOND, & GET YOU A BAIL REDUCTION HEARING, IF NECESSARY. IF
YOU STILL CAN'T MAKE A BOND i will ask for an adverse probable cause hearing & I WILL
START WORKING ON YOUR DEFENSE IMMEDIATELY.
IF YOU ARE ARRESTED OR DETAINED CALL CRIMINAL DEFENSE ATTORNEY FORREST FREEDMAN
954 714 1037 954 494 5010 Any Time
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