FAQs

What are my rights when I’ve been arrested?

Most importantly, you have the right to remain silent. You are not obligated to answer questions either before or after your arrest. You also have the right to an attorney at every stage of the process to protect your rights and fight for your interests even in the early stages after your arrest. In most cases, you also have the right to a reasonable bail. Your attorney will help you know what to expect.

Additionally, it’s your right to question all witnesses against you, view any evidence, and receive a jury trial. If you have any questions about your rights, or need help asserting them, contact my office immediately at 407-890-8000 to make sure you are protected. Rather not call? No problem. Just click here to tell me how I can help.

Should I let the police in to search my house?

Not without a warrant. If the police present a warrant, allow them to enter your home and complete the search. Remember, officers are required to knock on your door, announce their presence, and provide probable cause for the search. If any of these elements are missing, we may be able to suppress any evidence they gathered. Contact me to discuss your options.

Do I need to answer questions when the police stop me on the street?

When the police ask you questions for a legitimate reason, such as during a traffic stop, you should answer respectfully in most cases. however, do not give consent for a search of your vehicle. Do not answer any questions that are not immediately relevant to the issue at hand. If you are stopped on the street for no apparent reason, you are not required to answer questions or even give your name. Simply keep walking or politely decline to answer.

Do I have to let the police search my car when stopped for speeding?

Unless there is probable cause that they will find evidence relating to a crime, officers have no right to perform a search. If the police are asking your permission, they likely do not have the legal right to search your vehicle.

What can I do to clean up my record from previous convictions?

Depending on the convictions, we may be able to have your record sealed or expunged (removed from your record). Some of your civil rights can be restored even if you were convicted of a felony. Let’s talk about what is possible for you.

Do I really need a lawyer? Can I legally represent myself?

You can represent yourself, but it is not a good idea. When you represent yourself in court, you face significant challenges that most people are not equipped to handle. Without a legal background, it is extremely difficult to understand the complex rules of evidence and case law. Legal procedures are stringent. Failure to follow them can have a severe, negative impact on your case.

It’s particularly challenging to make good choices when you are emotionally involved. The consequences of a conviction can be severe and far-reaching. It’s best to protect yourself with the support of an attorney who has the skills, knowledge, and experience to maximize your chances of obtaining a favorable result.

Will I have a jury trial?

You have the right to be tried by a jury of your peers in all but a few instances. Your attorney will work with you to analyze the pros and cons of whether to go to trial or accept a negotiated deal to resolve your case. The client always has the final say about whether or not to go to a jury trial. If you do decide to request a jury trial, I will work tirelessly to develop the best trial strategy for maximizing the chances of success.

What can I do to make sure I’m not convicted for a crime I’m innocent of?

Innocence will not necessarily protect you from prosecution or other serious consequences. You need experienced legal representation to protect your rights. Call my office immediately at 407-890-8000 to discuss your case.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

android-chrome-256x256

The Law Office of Michael D. Barber, P.A.
You need an experienced attorney who will listen, understand, and take a cutting-edge approach to your defense to get you the best result. 

Put expertise and innovation to work for YOU.

Credits

Copyright 2020 | All Rights Reserved Another site by Conroy Creative Counsel Privacy Policy