What NOT to do after an arrest…

There are many mistakes made before and after an arrest is made, the biggest behind breaking the law is making statements to law enforcement without a lawyer present. In this video found on myYouTube channel, you will find a sample of the advice I would give to you if I was your criminal defense attorney.

“The singular biggest mistake that everyone makes is they make statements to the police in the hopes of making their situation better and all they’ve done is hurt themselves.”

Although it is hard not to make any statements during this process, remember that anything you say will be used against you in the court of law.

So the police didn’t read you your rights…

This doesn’t mean your case will go away. All this means, is that any incriminating statements that you had made cannot be used against you in court. If the officer wants to ask you questions other than your name and address, s/he will then read your rights. At this time, you do not have to answer any questions because they will be used against you in the court of law.

A tactic that law enforcement sometimes use is asking you questions before reading you rights, getting you to admit something and then reading you your rights and asking the questions again. For the most part, the person under question would assume since they already made a confession or incriminating statement, the officers already know the truth so how else could it hurt them? This is false. Since they got you to admit something after reading you your rights, all statements thereafter will be used against you. Anything you say before your rights are read cannot and will not be used as incriminating evidence. The most important thing you can do while being investigated after an arrest is to call a criminal defense lawyer and make no statements before doing so.

Facebook Aids to Fighting Crime

Facebook is everywhere these days and is not just being used as a personal way to stay connected to friends. Sheriff’s offices around the country have been utilizing Facebook as another way to get information out to the public, and for the public to relay information back to Crime Stoppers.

On Monday morning, the Polk County Sheriff’s office posted on Facebook a video of a man stealing at 75 year old woman’s wallet in a local laundromat. Two hours later an anonymous source contacted Crime Stoppers and reported who the man was and where he worked. Sure enough, it was the right suspect and the man was charged with petty theft. Bay News 9 covered the story and that video can be found on their website.

Although this was a smaller crime, think about the power that Facebook and social networking has. Not only do crimes get solved thanks to fan pages, but since Facebook is so accessible, everyday citizens can act as crime stopping heroes.

Polk County Sheriff’s office updates the page daily and have said that this is not the first crime that Facebook fans have helped them solve. They send all press releases and Crime Stopper bulletins to Facebook where they have over 7,000 fans.

Other Sheriff’s offices also have Facebook pages including Hillsborough County. The Florida Fish and Wildlife commission stated that they made over 100 arrests through Facebook.

If you are looking for Legal advice, Tampa Criminal Defense Lawyer Lori D. Palmieri also has a presence on Facebook.

I’ve Violated My Probation- Now What?

Unfortunately, there are many ways one can violate probation or community control (house arrest).

When you are under either probation or house arrest, you are placed under demands that limit your freedom including confinement to your home, weekly meetings with a probation officer, random drug tests etc,. (full list of probation violations )

Probation is given either in replace of jail time or following jail time. During this time period it is important to demonstrate to the courts that you are staying out of trouble.

Generally, people violate their probation the follow two ways:

1.) you are charged with a new crime, or

2.) You are given a ‘Technical Violation.’

House arrest is similar to probation, the only difference being that you are confined to your home unless instructed by the courts. Simply put, if you are not home you are violating house arrest.

If you violate your probation or house arrest, it is important to contact a Board Certified criminal defense lawyer to guide you through the next step.

After the violation, your probation officer will issue a warrant for your arrest. At this time officials have the right to arrest you at any given time or you could opt for self arrest. There is generally NO BOND for probation violators but law offices like Palmieri Law can expedite the bond hearing to reduce the time spent in jail.

If you do violate your probation or house arrest sanction, the most important thing you can do is contact a criminal defense lawyer. If you are in the Tampa area, Board Certified criminal defense lawyer Lori D. Palmieri has over 18 years experience with probation violation.

There’s an App for That- US Senators Request to Ban DUI Checkpoint Alert Applications

There is literally an app for everything these days; a food guide, calorie counter, music streamer… DUI checkpoint finder? Applications such as “Trapster”, “PhantomAlert” and “iRadar” are driving alert applications that notify drivers of speed traps, red light cameras, school zones and DUI checkpoints.

These apps are facing scrutiny from US Senators specifically for the DUI checkpoint feature. Senators Harry Reid, Charles E. Shumer, Frank R. Lautenberg and Tom Udall wrote a letter to Apple asking for the applications to be banned unless altered so that the DUI feature is removed.

In the article, Senators Ask Apple to Pull DUI Checkpoint Apps, we are introduced to the argument of whether or not the application helps or hinders the safety of the public. Captain Paul Starks of the Montgomery County (Md.) Police Department fears that the application will not stop people from drinking and driving but will only be used when people have been drinking and want to drive. He remarks,

“They’re only thinking of one consequence, and that’s being arrested. They’re not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

In the same article, Joe Scott, CEO and founder of PhantomAlert argues that they are doing the same thing police departments are doing to deter people from drinking and driving, the only difference is that the app puts awareness in real time. He stated that

“If they really understood what we are doing and aim to achieve, they would actually support us.”

So what it boils down to is whether or not this app is actually helping the safety of the public, or creating a tool that drunk drivers can use to dodge a DUI checkpoint and possible arrest. Could this be something that police officers and attorneys will have to start considering when investigating a DUI case?

The applications have not yet been removed but it will be interesting to see how Apple and other parties involved will respond.

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Former Prosecutor