Choose a question below and click to see the answer.
4) When the police questioned me, I told them some things that were not true. Since the police can lie to me, can’t I lie to them?
5) If I am arrested by the police or FBI, what should I do?
7) If the police come to my door, do I have to let them in?
8) Do I have to let the police search my car or person if they ask?
12)Is Florida a ‘medical marijuana’ state?
Question: If the police or FBI want to question me, what should I do? If they ask me to come down to the police station to answer a few questions, do I have to go?
Answer: Many people believe they can talk their way out of a problem. They think that if they can just explain their side of the story to the police, they won’t be arrested or may be charged with something less serious or better yet, won’t be charged with a crime at all.
While there are two sides to every story or event, this is not the time to tell yours. It will almost never help you to talk to the police or make a written statement. In fact, it will end up hurting you. Chances are, by the time the police or FBI contact you, they have already made the decision to arrest you. So if they can get you talking, that’s just more evidence they will use against you later on.
So if the police ask, don’t go. Ask for the police officer’s name and phone number and tell them, politely, that you will have a lawyer contact them. Let your lawyer do all the talking with the police. top
Question: What if the police get upset with me when I tell them I am calling a lawyer and am not coming to the precinct and do not want to talk to them?
Answer: The police will often tell you things will go much better for you if cooperate with them. Don’t you believe it. They will say things like “we just want you to explain to us what happened in your own words” or “ we’d like to hear your side of the story” or they need your help to “straighten out a small problem”. The truth is, if the police have little evidence against you, your own words may end up giving them what they need to make an arrest. Again, politely but firmly tell the police that your lawyer will contact them. Then hang up the phone and call a lawyer. top
Question: I allowed myself to be questioned by the police, but I think they lied to me in order to get me to say certain things. Is that legal?
Answer: Yes. The police are legally permitted to lie and mislead you when questioning you. They may tell you that they have evidence linking you to a crime (like fingerprints or eyewitnesses) when they do not. This is all the more reason why you should never allow yourself to be interrogated by the police. top
Question: When the police questioned me, I told them some things that were not true. Since the police can lie to me, can’t I lie to them?
Answer: No, you cannot. And lying to the police is never a good idea. It will only make you look guilty. You can also be charged with a separate crime (in federal court, obstruction of justice) just for lying to the authorities, whether you did anything wrong in the first place or not. top
Question: If I am arrested by the police or FBI, what should I do?
Answer: Don’t talk to the police or answer their questions; do not volunteer any information. Do not get talkative or chatty with the people arresting you. You should only answer background questions, like you name, date of birth, and address. You should allow yourself to be photographed and fingerprinted; if you refuse, it will delay your release from custody. Be polite and courteous at all times. Ask to call a family member or friend. If you are allowed to make a phone call, simply tell the person where you are and ask them to arrange to have a lawyer represent you.
Question: I was arrested but the police never read me my Miranda rights (“You have the right to remain silent,…etc.) Does that mean that the arrest and charges will be dropped?
Answer: No. If the police don’t read you your Miranda rights before they question you, that does not mean your case will be dismissed. It only means your statements may not be used against you in court. However, the police might claim that you spoke to them voluntarily, in which case Miranda rights are unnecessary. Again, never speak to the police about the incident for which you are being arrested. top
Question: If the police come to my door, do I have to let them in?
Answer: You do not have to let them in unless they have a search warrant. You don’t even have to open the door when the police knock. If they say they have a warrant, ask them to slip it under the door. If they do not have a warrant, ask them to slip a business card under the door and tell them you will have your lawyer contact them. But be careful. If the police determine that they have “exigent circumstances” (an emergency) and think that you are hiding someone, or have guns or drugs in the house, or that you might flee, they can legally break your door down or enter your home forcefully. They may or may not give you warning. If this happens, step aside, be respectful and say nothing. top
Question: Do I have to let the police search my car or person if they ask?
Answer: No. Do not consent to a search of your car or your person. If the police search anyway, your lawyer may be able suppress (have thrown out) the evidence recovered during that search. But if you give your consent, the police will claim that the search was voluntary and you will not be able to have the evidence suppressed. top
Question: I had a case ten years ago that I never came back to court on. Can a lawyer go into court for me and get the case cleared up?
Answer: No matter how long it’s been, if you did not go back to court when you were supposed to, chances are that there is still an outstanding warrant for your arrest. The best thing to do is to return to court with a lawyer and have the arrest warrant vacated (removed). A lawyer cannot do this without you being present. Then, the prosecutors will determine whether the case can still go forward and how serious the original charges were. You may have to be fingerprinted. You will probably have to come back to court more than once. A qualified lawyer will probably be able to ultimately have the case dismissed and sealed. top
Question: My case is proceeding forward, but the prosecutor is not making me a plea offer. Don’t I have a right to plea bargain?
Answer: No, you do not. While many cases do end in a plea bargain, that is, a deal where you agree to plead guilty to a lesser charge in exchange for less or no jail time, not all do. The decision of whether or not to offer someone a plea bargain is entirely the prosecutors. This is why it’s important, when push comes to shove, that you have an experienced trial lawyer that is not afraid to try your case before a jury if need be. Often, the best way for your lawyer to get a good plea offer for you is if he has a reputation of not shying away from trying difficult cases. If your lawyer has a track record of trying cases with success he can negotiate for you from a position of strength. top
Question: The police want me to cooperate with them. They say it’s the only way I can help myself and reduce my jail time. Should I do it?
Answer: Maybe. The decision to cooperate with the police is one of the most difficult decisions there is. On one hand, anyone would want to have the police and prosecutors reduce their jail time and charges. But you have to agree to do things that you may not want to do. First, you have to sign an agreement that says you must tell the police everything you have ever done wrong and the people with whom you did it. If you lie or leave anything out, the prosecutor will rip up your agreement. This agreement, called a ‘proffer agreement’ is a one sided promise in which you have little leverage. Once you go down this road, there’s no turning back. You may be putting yourself and your family in danger. You may have to testify in court against friends or people who were once close to you. At the end of this process, which can take a year or more, it’s up to the prosecutors to decide whether or not you have provided ‘substantial assistance’ to them, the magic words in Federal Court. Only then will they write a letter to the court on your behalf when you are sentenced. At the end of the day, it’s up to the judge to decide how much time off you should get. Some judges are generous; other are stingy and give you only a little time off your sentence. So this is a decision that must be weighed very carefully with your lawyer before you begin talking. It may not be worth it.top
Question: Is Florida a ‘medical marijuana’ state?
Answer: Florida is not a state that allows medical marijuana dispensaries. There is currently a resolution that, if passed by the Legislature, would let Floridians vote on a state constitutional amendment legalizing medical marijuana. But unless and until that happens, the possession of even small amounts of marijuana is illegal. top
