Florida residents are likely to be familiar with many of their constitutional rights in the event that they are arrested and face criminal charges. For example, we all know the “You have the right to remain silent” line, and most people also know that law enforcement officials cannot simply search anywhere they want. However, there are nuances to all of the constitutional rights that a criminal defendant can exercise in an investigation and in the aftermath of an arrest.
Criminal cases that involve drug charges are some of the most likely types of cases to involve potential constitutional violations. Many drug cases start because alleged illegal substances are discovered during a search, either of an individual or of a car or home. In all of these circumstances, if a search warrant was not obtained by law enforcement officials prior to the search, there may be constitutional issues that can alter the outcome of the case.
Constitutional issues can also arise when a suspect is being questioned by law enforcement officials. If a suspect has been detained by police, that suspect has the right to remain silent and also has the right to have an attorney to represent him while the questioning occurs. If a suspect is denied these rights, any answers or confessions from the suspect may be “suppressed” – meaning that those statements could not be used in court.
At our law firm, we understand that Florida residents who are facing criminal charges may have questions about their rights. When we represent clients facing drug charges, and in all types of cases, we do our best to attempt to make sure that they know their options. For more information, please visit the drug offenses overview section of our law firm’s website.