What happens if I don’t get read my rights?

Introduction The United States Supreme Court, in Miranda v. Arizona, held, “We have concluded that without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights, and the exercise of those rights must be fully honored.” The Miranda warnings, also...

When can you be charged with (DUI) driving under the influence?

Understanding the Legal Consequences: When Can You Be Charged with Driving Under the Influence? Driving under the influence (DUI) Section 316.193, Florida Statutesis a very serious offense that can have severe legal consequences. Understanding when you can be charged with DUI is critical to ensuring your safety and the safety of others on the road. This article will delve into the factors determining whether you can be charged with DUI and what that charge entails. From breath and blood alcohol concentration (BAC) limits to the use of controlled substances, we will explore the different scenarios that can lead to a...

Why should I hire a criminal defense lawyer?

If you find yourself arrested or being investigated for a crime, hiring a criminal defense attorney is critical for several reasons. 1) KNOWLEDGE: A skilled criminal defense lawyer knows the law-both statutory and case law as well as the rules of procedure. A good criminal defense lawyer also knows the prosecutors, judges, and the local justice system. They understand the impact on your case that each of these factors will have and can provide you with the best legal advice based on their expertise. 2) PROTECTION: An integral part of a criminal defense lawyer’s job is to protect your rights....

Pros of Pleading Not Guilty

It is generally a good idea to plead not guilty at arraignment. This is because pleading not guilty allows you to go through the discovery process, during which you and your lawyer can request evidence (i.e. Discovery) from the Government/State and prepare your defense. It also allows you to negotiate a plea bargain with the prosecution or to take your case to trial. By pleading NOT GUILTY: You maintain your innocence. You posture yourself for exoneration if you have a defense to the charges, such as an alibi, self-defense, conflicting eyewitness testimony, or other evidence that supports your innocence. You...

Florida DUI and Administrative Suspension Laws

Understanding the consequences of driving under the influence of alcoholic beverages, chemical substances, or controlled substances can cost you your freedom.  Don’t ever go to court without the right representation.  At the Law Office of Russell B. McCormick, experience being professional, and aggressive to fight for your rights means everything.  Let us help you know… Contact us online for your “ Free Consultation” or call 904-353-0436 know to get started. * Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full...