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Answers To Common Questions About Criminal Defense In Florida

Getting charged with a crime is a life-changing experience. You likely have many questions floating through your mind. On this page, we’ve provided answers to some common questions our firm receives from prospective criminal defense clients. After reading through this list, we invite you to contact the 239-990-2667 for case-specific answers and legal guidance.

I failed a breathalyzer test during my DUI stop. Do I need to plead guilty?

Prosecutors want you to think that your DUI case is open and shut so that they can get you to plead guilty. But the case against you may not be as strong as it seems, and you likely have more options than you realize. Attorney Lee Viacava can help you understand them.

For example, although breath-test or blood-test results are compelling pieces of evidence, they are not irrefutable. An experienced attorney like Lee Viacava may be able to show that the officer failed to follow proper testing procedures or that the breath-testing device was in need of service and recalibration.

The takeaway is simple: Don’t decide you are out of options before you have spoken with a skilled defense attorney.

I know I’m innocent. Why shouldn’t I just let the police question me and trust that things will work out?

Police and other law enforcement officers have an agenda when they are interviewing suspects, and that agenda isn’t always to find the truth. If you are arrested and brought in for questioning, they may have already decided you are guilty and are now just trying to prove it.

The wisest thing you can do even before being detained and questioned by police is to call an attorney. When you hire our firm, attorney Lee Viacava will advocate for you at every step of the process, including during the critical investigation stage.

I was arrested for drug possession. Police didn’t have a search warrant and I didn’t give them permission to search my home/vehicle. Were my rights violated?

Drug cases often involve critical questions about Fourth Amendment violations. This is the constitutional right that protects each of us from unreasonable search and seizure by law enforcement. Most of the time, for a search to be legal, you must either give your permission or the police must obtain a search warrant. This isn’t true in all circumstances.

A skilled defense attorney like Lee Viacava would examine how evidence was obtained and whether police violated your Fourth Amendment rights. If they did, he can file a motion with the court to suppress any evidence discovered during the illegal search, which means that evidence could not be used against you.

Get Answers To Your Own Questions During An Initial Consultation

There is no substitute for case-specific advice from an experienced attorney. If you have questions or want to learn more about how the Lee Viacava Law Firm can help you, call one of our offices. You can reach our Fort Myers, Florida office at 239-990-2667. You can also fill out our online contact form.