Orlando Criminal Defense Attorneys
If you’ve been arrested or are under investigation, you need a lawyer from Payas, Payas & Payas. Our Orlando criminal defense attorneys have decades of experience and have been serving the Central Florida community for more than 35 years. When you’re in trouble, we can help you determine the severity of the situation and get you the best possible outcome available to you.
Defending You Against a Variety of Florida Criminal Charges
Being arrested in Orlando raises questions and stirs up emotions. We do our best to help alleviate your fears and treat you with care and respect. Our skilled criminal defense lawyers handle a wide array of felony and misdemeanor charges, including:
Battery and domestic violence
Serious traffic offenses
Theft or burglary
Know Your Rights When Get Arrested in Florida
If you are arrested on any criminal charge, it’s important to have a full and complete understanding of your rights. As a general rule, an arrested person should:
- Invoke the right to remain silent
- Invoke the right to have an attorney present
- Remain silent until you’ve met with your attorney and received reliable advice
Right to be free from unlawful search and seizure
In order to search your person, car, residence or office, the police must have a warrant signed by a judge. The police may have sufficient reason to believe you’ve committed a crime, but that doesn’t permit them unrestrained access to your personal belongings. The Constitution places a check on police power by requiring them to present their suspicions to a judge or magistrate, who then concludes whether their suspicion is based on reasonable facts. Police who search private areas and seize evidence without first obtaining a warrant are barred from using that evidence at trial. The only exception is an emergency where seeking a warrant would create a delay during which a crime could be committed or evidence could be destroyed.
Right not to incriminate yourself
Your “right to remain silent” comes from the Fifth Amendment, which forbids police from compelling a person to be a witness against himself. Over the years, courts have presented many opinions defining compulsion, and these decisions have limited police tactics for eliciting confessions. Gone is the old “third degree.” Police are barred from using sleep deprivation, bright lights, beatings with rubber hoses and phone books, and even persistent questioning.
Rights to due process
Due process is a broad term dealing with lawful police procedures and fair trials. For an arrested person, the most important immediate rights are the right to an attorney and the right to be charged or released. It is vitally important that you invoke your right to an attorney immediately upon arrest. This is the best way to ensure that you retain your Fifth Amendment right to be free of compulsion. Once you request an attorney, the police must discontinue questioning until the attorney arrives. Also, demanding an attorney helps ensure that the authorities either charge or release you within the statutory period, rather than trying to “sweat you out” in confinement. If the prosecutor charges you, your criminal defense lawyer should be present to request bail. While you do not have an absolute right to bail, if the court sets bail, it must be reasonable.