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Self Defense: The State of Florida allows individuals to use force, even deadly force, if necessary to protect themselves is threatened with violence.
Unlawful stop: Law enforcement officers need a reason to stop an individual in order to investigate them for committing a crime. If a police officer does not have a legally sufficient reason for stopping an individual, then any information or evidence which is then discovered during the stop is inadmissible in a Florida court.
Illegal Search: In order for police officers to search a person, a bag, a vehicle or a residence, then they must have a valid search warrant in the absence of an exception to the warrant requirement such as if the person gave consent for the search. If your arrest was the result of a search by the police it is essential that you contact Quinn Law, PA immediately.
Insufficient Evidence: In Florida, police officers must have probable cause that an individual committed a crime before arresting them. The standard for conviction in court however is "proof beyond a reasonable doubt". A skilled criminal defense attorney can use a lack of evidence to have the charges against you dismissed or dropped.
Fruit of the Poisonous Tree: If the police obtain any piece of evidence through means which violate a person's Constitutional rights then that evidence is inadmissible in court. If follows that any further evidence which is discovered as a result is considered tainted and is inadmissible in court as well.
Bad Identification: Law enforcement officers are not permitted to unduly influence the outcome of a lineup, photo lineup or show up. All of these methods of identification must be conducted according to legal guidelines which the courts have set forth . If the police influence a witness into identifying a person as a suspect in a criminal case, then an aggressive and skilled criminal defense attorney should be able to have that identification kept out of court.
Coerced Confessions: Police officers must advise you of your Miranda rights before asking you any questions while you are in police custody. If a statement of a confession is coerced then it is inadmissible in court. If the police are seeking to question you about a crime, immediately ask for an attorney and contact Quinn Law, P.A. as soon as you are able.
Mental Incapacity: In order to stand trial for a crime in Florida, the accused must be able to understand the nature of the crime that they are accused of an must be able to assist their attorney with their defense. A lack of mental capacity can result in a delay of trial, reduced sentencing or in some cases a not guilty verdict. This defense is frequently applicable when children or juveniles are arrested.
If you have been arrested or are being accused of a crime, you cannot rely on the court or the judge to ensure that your rights are protected. Contact Quinn Law, P.A. right away at (954) 463-0440 to have the circumstances surrounding your arrest evaluated by an experienced and knowledgeable criminal defense attorney.