Category: Criminal Defense

Criminal Defense, Legal Blog

Talking to Police and Confessing

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When is it a good idea to talk to the police (without a lawyer) during a criminal investigation?

Never! As a suspect in a criminal investigation, speaking with police will almost certainly be harmful. Police officers who are investigating a crime are not there to help you, no matter how hard they try to convince you that they are your friends. When police are investigating, it is their job to find evidence and make an arrest. The more evidence they can find, the better for them.

For someone who is guilty, confessing immediately to the police  during an investigation may make that person feel better momentarily, but at the end of the day, a confession will NOT be beneficial when navigating the criminal justice system. As they say, “anything you say can and will be used against you in a court of law.”

Why won’t confessing help you?

In the Florida criminal system, pleading guilty (or no contest) at some point during the criminal process is commonplace for many reasons, including doing so in exchange for a preferable plea offer, to enter a diversionary program, or to avoid trial. Unfortunately, a person who has already confessed to a crime has many of these options taken away from them. Why would a prosecutor offer you a good plea deal if they already have the case against you wrapped up with a shiny bow? With a few exceptions, admitting guilt can almost always be done at a later stage of the criminal process. Talk to a lawyer before you spill your guts, and let the lawyer do the talking for you. An attorney may be able to obtain a beneficial plea bargain, or find some defense in your case, or possibly even find a way to get the charges reduced or the case dismissed if certain factors are present. However, if there is already a confession, you have made the State’s case against you easier to prove, and you will likely face a much tougher road in your defense.

Won’t the police be more lenient if you just tell them what you did?

No! The most important thing to remember is that police do not have the authority to make plea deals, change charges, or give you lesser sentences. The State Attorney’s Office and the Judge are the only ones who have authority to do so. Police are not there to help you. In fact, police are allowed to legally lie to you to a certain extent! Do not get tricked – officers may act like your buddy when they are investigating, or even try to tell you that they “already know” what you have done and that you may as well just admit it or things will get worse for you, even if they really have no idea!  If the police are planning on arresting you, you will not be able to talk them out of it. They are only looking for more evidence directly from you to seal the deal with their charges. You do not have to talk to police – don’t make things more difficult on yourself by voluntarily giving the police the rope they need to hang you with.

If the police didn’t read my rights, won’t the case get thrown out?

Not necessarily! Reading your rights, or “Miranda Warnings,” does not apply to statements volunteered by  you at any time or questioning during an investigatory stop. The only time police have to read your rights is when they have arrested you and plan to ask you questions about a crime. However, anything you say voluntarily to a police officer at any time can be used against you!

But what if you’re innocent?

Even if you are innocent, it is so easy to make a simple misstatement that can hurt you. A little white lie that you don’t think is relevant to the case could be used against you. Telling minor details one way to a police officer and then mixing up the details later in court can be used to hurt your credibility and make you look guilty, even if you are not.  If your story changes even the tiniest bit, you can bet that during trial the State Attorney will have the jury asking themselves why you lied to the police if you were so innocent. Contact a criminal defense attorney before you speak with the police. You have the right to remain silent for a reason – use it!

 

This blog is meant for educational and informational purposes only. This information is not intended to create an attorney-client relationship nor is it intended to be legal advice for any individual case or situation. This is free; legal advice is not. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. If you are being charged with or investigated for a crime, you should consult a criminal defense attorney regarding your individual case.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Expunge, Legal Blog, Seal

How to Expunge Florida Criminal Charges

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Having a criminal record can greatly hinder multiple aspects of a person’s life – from job searches to apartment searches, records of criminal charges can come back to haunt you and hurt you. Criminal records, no matter how insignificant the charges may seem, are especially harmful for those in public service type jobs, such as teachers, law enforcement officers, or child care providers. Employers in those areas almost always require background checks, and any criminal record found could destroy a chance for employment.

Fortunately, when a person meets certain requirements, he or she may be eligible to expunge or seal criminal a criminal record to help alleviate some of the adverse effects.

What is the difference between sealing and expunging?

  • Expunging:
    • Expungements are typically done where the charges in a case were either dismissed by the judge or dropped by the State Attorney. In other words, the person was not convicted of any crime.
    • A record that has been expunged is supposed to be physically destroyed and unavailable for anyone to review without a court order.
  • Sealing:
    • Sealings are typically done where a person either plead no contest or was found guilty after trial, and adjudication was withheld.
    • In the case of a sealing, in order to be eligible, the person must have met all probationary terms, completed all parts of the sentence (such as fines or community service), obeyed all court orders, and had no subsequent criminal offenses.
    • A record that has been sealed will be is available only to the defendant, the attorney, judges, criminal justice agencies (such as the FBI), and certain other agencies such as DCF and the Department of Education.

 

A knowledgeable expungement lawyer can file a petition on a person’s behalf requesting a record be expunged or sealed if certain criteria are met. A successful expungement may open the door to new opportunities for someone whose criminal record was holding them back.

When is a person NOT eligible for sealing or expungement?

  • First,  a person who was convicted of a crime (meaning that the court adjudicated the person guilty) is ineligible to seal or expunge a criminal record.
  • Having ANY convictions on a person’s record, including felony, misdemeanor or traffic crimes, makes that person ineligible to seal or expunge a criminal record.
  • Already having had a case sealed or expunged makes a person ineligible for another sealing or expungement.
  • Additionally, certain crimes cannot be sealed or expunged, regardless of whether adjudication was withheld. These crimes include offenses listed in S. 907.041, F.S., to wit: Arson, Aggravated Assault, Aggravated Battery, Illegal use of explosives, Child abuse or aggravated child abuse, Abuse of an elderly person or disabled adult, or Aggravated abuse of an elderly person or disabled adult, Aircraft piracy, Kidnapping, Homicide,  Manslaughter, Sexual Battery, Robbery, Carjacking, Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years, Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority, Burglary of a dwelling, Stalking and Aggravated Stalking, Act of Domestic Violence as defined in s. 741.28 F.S., Home-invasion Robbery, Act of Terrorism as defined by s. 775.30 F.S., Manufacturing any substances in violation of chapter 893, Attempting or conspiring to commit any of the above crimes. 

Ever wonder how to seal or expunge a criminal charge in Florida? In general, the process goes as follows:

  • First, fingerprints need to be taken and an application from FDLE (Florida Department of Law Enforcement) needs to be filled out by the applicant and the State Attorney’s Office.
  • Once the application is completed, it is provided to FDLE who then does a criminal record search.
  • Once that is finished, FDLE will send a Certficate of Eligibility if the applicant is eligible for sealing or expunging, and if not, FDLE will send a letter explaining why.
  • Then, assuming the person is eligible, a sealing or expungement attorney will file a Motion to Seal, an Affidavit, and a proposed Order, and will appear for a hearing on the matter.
  • If the judge grants the motion, the case will then be sealed or expunged.
  • The entire process can take several months.
  • There are also various costs associated with the process, including application and filing fees.

Anyone who is seeking to have a criminal record sealed or expunged in Palm Beach County should contact a Palm Beach Criminal Defense Attorney who is familiar with the process.

For the Florida statute regarding record expungement, see Florida Statute §943.0585.

For the Florida statute regarding record sealing, see Florida Statute §943.059.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

 

 

Criminal Defense, Drug Charge, Legal Blog, Recent News

Florida Supreme Court Reverses Drug Conviction

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On Thursday, the Florida Supreme Court held that the trial court should have suppressed evidence obtained by Broward Sheriff’s Office (BSO) when officers went beyond the scope of a search warrant by tracking the real-time movements of a defendant’s cell phone.

BSO had obtained a search warrant for the cellphone of Sean Alvin Tracey. The warrant permitted BSO to obtain phone numbers sent or received by Tracey’s phone. However, the warrant did not permit BSO to track the phone’s location. BSO’s tracking of the real-time movements of Tracey’s phone, based on pings from cell towers, led to polcie surveillance of Tracey, and the ultimate confiscation of a kilo of cocaine and $23,000 in cash.

The Florida Supreme Court ruled that the evidence obtained from the cell tower tracking of Tracey’s phone should have been suppressed. The case was remanded to the trial court, which means that the prosecution will either have to go forward without the evidence, or dismiss the case.

The Supreme Court’s decision, authored by Chief Justice Labarga, states:

“We conclude that Tracey had a subjective expectation of privacy in the location signals transmitted solely to enable the private and personal use of his cell hone, even on public roads, and that he did not voluntarily convey that information to the service provider for any purpose other than to enable use of his cell phone for its intended purpose.”

Essentially, it was the Court’s decision that the scope of a warrant shouldn’t be expanded to include the location of a person just because that person turned on his or her cell phone:

“… Because cell phones are indispensable to so many people and are normally carried on one’s person, cell phone tracking can easily invade the right to privacy in one’s home or other private areas, a matter that the government cannot always anticipate and one which, when it occurs, is clearly a Fourth Amendment violation. The Supreme Court noted in Riley that “modern cell phones . . . are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of the human anatomy. A smart phone of the sort taken from Riley was unheard of ten years ago; a significant majority of American adults now own such phones.” . . . This real risk of “inadvertent” violation of Fourth Amendment rights is not a risk worth imposing on the citizenry when it is not an insurmountable task for the government to obtain a warrant based on probable cause when such tracking is truly justified.”

The full decision can be found on the Florida Supreme Court’s website here: Tracey v. State

Criminal Defense, Legal Blog

What Happens After A Person Is Arrested in Florida?

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This educational guide provides a general summary of the basic legal process in a Florida criminal matter, and follows closely along with the infographic below.

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Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog

What to Expect During Jury Selection

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Many people are curious as to what they should expect when participating in jury selection – either as a potential juror or as a party in a trial. The following is a brief explanation of the Jury Selection process in Palm Beach County, Florida:

Jury Selection (2) - Copy

When jury selection begins, the presiding judge will typically begin with a lengthy explanation of the legal process. Then, the judge will usually have the jury pool (or, the potential jurors) read aloud and answer pre-printed questionnaires created by the judge. These questionnaires have generic questions, such as marital status, employment, prior jury service, prior involvement in law suits, and other similar types of questions to allow the State and Defense to learn the background of the jurors. Once the jury has finished answering these questions, then the State and Defense will begin asking their own questions, with the State presenting first.

As a criminal defense attorney, the way I choose which questions I am going to ask a jury really depends on the facts of the case and the charge my client is facing. My jury questioning (or “voir dire”) usually begins with an “ice breaker” and an introduction of the jury to the criminal process in general, which will vary depending upon the thoroughness of the Judge’s and the State’s explanations. I want to make sure the jury understands its job, and I want to make sure they understand I am looking for jurors who will be fair. I have a few standard questions that I like to ask, such as “what are your thoughts about police officers” or “have you ever been a victim of a crime” to get an idea of how these jurors view the criminal justice system. I want to know if there are jurors who love police officers and will believe them no matter what the facts are, just as the State wants to know if there are jurors who hate police officers. Then, I will ask specific questions based on what I think are the important issues in the particular case that is there for trial. For example, if my case involves a witness who has been convicted of a crime before, I want to find out if there are jurors who are going to discredit his testimony based solely on that fact. Or, if I have a case that involves a scientific process, such as a breath testing machine in a DUI case, I want to ask questions about who will blindly trust the science, and who will question it and make his or her own determination based upon the evidence presented.

Jury selection is sometimes jokingly referred to as “jury deselection,” because the goal truly is, not to eliminate jurors, but to eliminate bias against issues in your particular case. If there are jurors that have given answers that appear biased one way or another, criminal law attorneys will follow up with those jurors specifically to ferret out the impartiality. If a juror is wavering on an important issue, criminal law attorneys will ask follow up questions to determine that particular juror’s true feelings, and ultimately determine whether that person can be fair and impartial at the end of the day, or if that person should be dismissed from the jury. Judges often inform jurors that there is “no wrong answer,” and that is entirely correct – everyone is entitled to their own opinions and beliefs, and are encouraged to express them during jury selection. Not being selected as a juror is not an insult; it simply means that the particular potential juror did not fit the issues on the case. Everyone involved in a trial, State and Defense alike, is entitled to a fair trial with impartial jurors who will be able to follow the law.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.