As a Jacksonville criminal lawyer, I have had many conversations with people who believe they may end up having a warrant issued for their arrest. Sometimes, this conversation comes after law enforcement has completed an investigation; and other times this conversation happens during an active investigation. Either way, contacting a criminal defense lawyer is a good move when there is the chance a warrant could be issued. If you are contacted by law enforcement regarding an investigation, contact the Law Office of David M. Goldman PLLC immediately at (904) 685-1200. Our experienced criminal defense lawyers can help advise you of your rights and the necessary actions to protect yourself. It is also helpful to get a case evaluation based on the facts as early as possible.
Often, people who are being investigated want to talk to police to explain things. They wish for the best and hope that they can remove the possibility of an arrest or a warrant being issued. The truth is talking with the investigating detective or officer is almost always a bad idea, if you’re the target. Florida law, under Section 901.15, controls situations that arrests can be made. In general, an officer can only arrest a person for a misdemeanor if the officer sees it happen. There are exceptions. For felony crimes, officers can make an arrest without a warrant whenever there is probable cause. However, in my experience, if officers don’t make an arrest at the time the alleged crime takes place or while in “hot pursuit” of a suspect, officers will usually pursue an arrest warrant.
Talking to a detective or an officer to explain yourself isn’t likely to change his or her mind about the investigation. All too often I have seen situations where the evidence that was used to convict a person was given to law enforcement while the defendant was trying to “explain things” to an officer. Under the 5th amendment you have the right against self incrimination, which basically means you aren’t required to tell on yourself. The right to remain silent incorporated in the Miranda Warning comes from this right. The right to an attorney that you hear of in the Miranda Warning comes from the 6th amendment. You should always exercise these rights. Remaining silent is probably the most valuable right you have. You should immediately tell law enforcement that you’d like to contact your attorney.