TWENTY-FOUR HOURS A DAY • SEVEN DAYS A WEEK
The Most Important Guidelines to Remember
1. Do not talk to law enforcement at any time without first consulting an attorney. You have a Fifth Amendment right to remain silent. If you are being investigated you should speak to counsel before speaking to law enforcement.
2. Never consent to any search of your vehicle.
3. Never consent to any search of your home without seeing a warrant.
4. If you are being investigated for a crime - RETAIN COUNSEL.
5. If you have been arrested - RETAIN COUNSEL.
6. Meet with your attorney as soon as possible after you are arrested. The attorney should have a copy of the Probable Cause Affidavit (PC Affidavit) to review with you.
7. Be honest with your attorney at all times. No question is foolish - always ask!
8. Counsel may have a private investigator to review the scene and interview witnesses. Early investigation is extremely important to most cases.
9. Discuss strategy, defense, evidence, and review Jury Instructions which apply to the crime charged. Remember that a criminal accused must be found guilty beyond all reasonable doubt, which is a very high standard for the State/Government.
10. It is not against the law to drink and drive in Florida. IT IS AGAINST THE LAW to drive after you have consumed alcohol to the extent that your normal faculties are impaired.
DISCLAIMER: This is not to be construed as legal advice. Each case is different and has unique circumstances. Contact a lawyer promptly.
If you are stopped by law enforcement after consuming alcohol:
- Keep your driver’s license in your wallet in easy reach.
- Keep your registration and insurance information in your glove box in easy reach.
- If the officer asks you to exit your vehicle, exit the vehicle. You do not have to perform Field Sobriety Tasks.
- You do not have to answer any questions by law enforcement.
- You do not have to take a breath test except there are consequences which should be discussed with your attorney.
- Do not converse with law enforcement at any time - ask for an attorney.
- Be courteous to law enforcement at all times during the stop/arrest.
- Do not discuss the arrest or try to talk the officer out of arresting you.