Law Offices of Ellis and Bryant, P.A.

FAQ

Can I avoid points on my license after a traffic ticket?

Possibly yes. If you just pay the ticket through the Clerk’s Office, points will appear on your motor vehicle record and your insurance may go up. However, an attorney can schedule your case for a hearing and negotiate with the Court for a withhold of adjudication in some cases. With a withhold of adjudication no points will appear on your driving record, contact the attorney’s at Ellis and Bryant, P.A. to find out how we can help you with your traffic situation.

The police didn’t read me Miranda doesn’t that mean they have to drop my charges?

Police Officers sometimes neglect to inform those accused of a crime of their rights. You have the right to remain silent and you have the right to an attorney. If a police officer questions you or interviews you while you are in custody and does not inform you of your rights. He or she may have violated the constitution and you may be able to file a motion to suppress any statements that you made to the police. Contact us to discuss the possibility of a motion to suppress in your case. And remember never talk to the police without your attorney present to protect your rights.

Do I have to talk to the police if I am stopped for suspicion of DUI?

No. You have an absolute fifth amendment right to remain silent and even the implied consent laws do not force you to speak with law enforcement when stopped for possible DUI or any other traffic infraction. The police are hoping you will make statements to incriminate yourself but they cannot force you to. Anything you say can and will be used against you for prosecution purposes. See State v. Whelan. If you are stopped by the police exercise your right to remain silent until you have an opportunity to contact your attorney.

What should I do if I am being investigated by the police?

Even if formal charges have not been filed and no arrest has been made, an investigation by the police is still an extremely serious matter. If the police have contacted you or want to speak to you regarding a possible criminal investigation it is important to remember a few things. One, anything you say to the police can be used against you. Two, the detective or patrol officer may try to be your friend or try to scare you but you have the right to an attorney and the right to remain silent and the police cannot talk to you without your attorney present if you are represented by counsel. If you are under investigation for criminal charges, or think you might be, contact an attorney immediately.

I have been charged with a crime will I have to appear in Court?

If you have been charged with a crime in Florida–whether misdemeanor or felony–chances are you already have a court date set. It is very important to appear at that court date or to hire an attorney to appear on your behalf. In most cases, a private attorney can attend court on your behalf and rather than sitting in court all day waiting for your case to be called you can be at work or attending to your other affairs while the right attorney handles your matter for you.