Contact Us For A Consultation
Toll-Free 888-459-5051 Local 352-484-1845

A Tireless Legal Team With A Caring Approach To Helping Clients

Criminal Defense

Aggressive Criminal Defense Attorney in Florida

At the Law Offices of Jorge Luis Colón, P.A., we are proud to fight for our clients’ rights in Florida criminal courts. The criminal justice system depends on every client having access to a capable defense attorney. Without a strong defense, the system breaks down and people can be punished unfairly. We use our experience and skill to protect our clients against felony or misdemeanor charges, as well as helping them in cases alleging probation violations. Schedule a free initial consultation with a seasoned Ocala criminal law lawyer by contacting us online, calling 352-484-1845 or toll free at 888-459-5051.

Offices in Ocala and Gainesville — Criminal Defense Lawyer

We represent clients in Florida state courts. Our experience includes a wide range of criminal law issues, including:

Uncertainty and fear can make a difficult situation much worse. We spend time with our clients to make sure they understand their options and what they are facing. You should never appear in court without knowing exactly what will be expected of you in advance. We believe that good communication puts you in the driver’s seat. We will review all the evidence in your case with you so you understand what is going on and how we are working to achieve your goals.

What should I do if I am under investigation by law enforcement?

If you’re under investigation by law enforcement, it’s important to handle the situation carefully and protect your rights. Here are some general steps you can consider:

1. Stay Calm

Remain calm and respectful when interacting with law enforcement. Remain silent and assert your right to have an attorney present during questioning. However, you are not obligated to answer questions without legal representation, and anything you say could potentially be used against you.

2. Know Your Rights

  • Right to remain silent: You have the right to remain silent and not answer questions. You can invoke this right at any time. Again, you should never speak with the police without an attorney present.
  • Right to an attorney: You have the right to speak with an attorney before answering any questions. If you’re detained or arrested, you can request an attorney.

3. Consult an Attorney Immediately

As soon as you learn you’re under investigation, contact a criminal defense lawyer. They can guide you on how to handle the situation, whether you’re being formally charged or simply questioned.

4. Do Not Discuss the Case with Others

Avoid discussing your case with family, friends, or colleagues, especially on social media. Statements made to others can sometimes be used as evidence.

5. Don’t Consent to a Search Without a Warrant

If law enforcement asks to search your home, car, or personal property, you can refuse without a warrant unless they have a valid reason. A lawyer can help you understand whether the search is legally justified.

6. Stay Professional and Respectful

While you have the right to remain silent, it’s important to interact with law enforcement professionally. Aggression or non-cooperation can be used against you later, even if you have nothing to hide.

What should I do if law enforcement requests to search me, my vehicle, or my home?

If law enforcement requests to search you, your vehicle, or your home, you should handle the situation carefully to protect your rights. Here’s what you should do in each scenario:

1. If Law Enforcement Requests to Search You (Personal Search)

  • You Have the Right to Refuse: In most situations, law enforcement cannot search you without either your consent, a warrant, or probable cause. If they ask to search you, you can refuse by saying, “I do not consent to a search.”
  • If You Are Detained or Arrested: If you are being detained or arrested, law enforcement may have the right to search you, but the search must be related to the arrest. This is called a “search incident to arrest.” In such a case, you can still refuse a search, but they may proceed if the arrest gives them legal grounds.
  • Stay Calm and Composed: If they insist on searching you, do not resist physically, as that could lead to further legal complications. Instead, remain calm, state that you do not consent to the search, and ask for an attorney if necessary.

2. If Law Enforcement Requests to Search Your Vehicle

  • You Have the Right to Refuse (Generally): Just like with a personal search, you have the right to refuse a search of your vehicle unless they have probable cause or a warrant. Simply say, “I do not consent to a search.”
  • Stay Calm: If they begin to search without your consent, do not physically resist. Instead, document the incident if possible (e.g., take note of what happened or use your phone if you’re allowed to).

3. If Law Enforcement Requests to Search Your Home

  • You Have the Right to Refuse: If law enforcement asks to search your home, refuse by saying, “I do not consent to a search.” Generally, police cannot search your home without a warrant or your consent.
  • They May Have a Warrant: If police have a warrant, they can search your home even without your consent. However, they must show you the warrant if you ask to see it. The warrant should specify the areas of your home they are allowed to search and the items they are looking for.
  • Consent: Do not ever voluntarily consent to a search. If you give them consent to search your home, you are allowing them to do so. If you have given consent but change your mind, you can revoke it at any time.
  • If They Don’t Have a Warrant: Do not allow the police to enter without a warrant. Without a warrant, the police typically need either your consent or an emergency situation to conduct a search (such as if they believe someone’s life is in immediate danger, or if they suspect evidence is being destroyed).

General Guidelines for All Situations:

1. Know Your Rights:

  • You have the right to remain silent and the right to refuse a search unless they have a warrant or probable cause.
  • You can also ask to speak to an attorney before consenting to anything.

2. Be Respectful and Calm:

  • Always remain calm, respectful, and non-confrontational. Resisting or becoming hostile can escalate the situation and be used against you later.

3. Ask Questions:

  • If you’re unsure about why they are searching, you can ask if they have a warrant or probable cause. In some situations, they may be required to provide this information.

4. Document the Incident:

  • If possible, try to note the details of the interaction, or if it’s safe and permissible, use a phone to record the event. This could be important if you need to challenge the search later on.

5. Know What to Do if They Begin Searching Without Consent:

  • If law enforcement begins searching without your consent, don’t physically resist. You can politely reiterate that you do not consent and ask for a lawyer, but ultimately, the search may proceed if they have probable cause, a warrant, or your consent.

What should I do if I am arrested?

If you are arrested, it’s important to stay calm and know your rights. Here are the steps you should take to protect yourself and navigate the situation as smoothly as possible:

1. Remain Calm and Composed

  • Stay calm: It’s natural to feel anxious or scared, but try to stay calm and avoid arguing with the officers. Being respectful and composed can prevent the situation from escalating.
  • Avoid physical resistance: Do not resist arrest, even if you believe it is unjust. Resisting arrest can lead to additional charges or escalate the situation.

2. Assert Your Right to Remain Silent

  • You have the right to remain silent: You have the constitutional right to remain silent under interrogation. You are not required to answer questions beyond providing your identification.
  • Invoke your right: Simply say, “I am exercising my right to remain silent, and I would like to speak to an attorney.”

3. Do Not Consent to a Search

  • You have the right to refuse a search: You do not have to consent to searches of your person, vehicle, or home unless the police have a warrant or probable cause.
  • If the officers attempt to search you, your vehicle, or your belongings, you can simply say, “I do not consent to a search.”

4. Ask for an Attorney

  • You have the right to an attorney: Once you are arrested or detained, you have the right to request an attorney before answering any questions. Simply state, “I would like to speak with an attorney.”
  • Do not waive your right: If you’re asked to waive your right to an attorney, it’s often best not to do so without legal counsel. An attorney can guide you through the process and help you avoid making statements that could harm your case.

5. Do Not Discuss Details of Your Case

Do not discuss the details of your case: You don’t need to discuss the circumstances of the arrest or your defense at this time. Anything you say can be used against you, so wait for legal counsel before talking about your case.

6. Do Not Talk to Other Inmates

  • Avoid talking about your case: If you’re placed in a holding cell or with other detainees, do not talk about the details of your case to anyone, including other inmates. Conversations in these settings can be overheard and used as evidence.

7. Make a Call

  • Request a phone call: In many places, you have the right to make a phone call after your arrest. Use this call to contact a family member, friend, or lawyer to inform them of your situation. However, do not discuss details of the incident over the phone. Telephone calls to and from the jail are recorded and can be used against you.
  • Call a lawyer: If possible, contact your attorney immediately. Having legal representation early can help protect your rights and ensure you don’t make mistakes during the process.

8. Do Not Sign Anything Without Legal Advice

  • Do not sign anything: If you’re presented with any documents or waivers to sign, don’t sign them without consulting your attorney. Sometimes, police may try to get you to sign a confession or waiver that could be detrimental to your case.

9. Know Your Rights During Detention

  • Right to a prompt hearing: You generally have the right to a prompt hearing after being arrested (usually within 24-48 hours). During this hearing, a judge will inform you of the charges and may set bail.
  • Bail: You may be able to post bail to be released pending trial. If you cannot afford bail, you may request a bail reduction or a bail hearing.

10. Document the Arrest (If Possible)

  • Ask for the officers’ badge and identification numbers: If you are able to, note the names and badge numbers of the arresting officers.
  • Keep track of the details: After the arrest, try to document the details of the encounter, such as the time, place, and what happened. If there are any witnesses, ask for their contact information.

What to Avoid:

1. Do not resist or flee: Resisting arrest or attempting to flee can lead to additional charges and increase the severity of the situation.

2. Do not engage in arguments or physical altercations: If you’re arrested, it’s important not to argue with the officers. Stay respectful, even if you believe the arrest is unjust.

3. Do not give a statement without a lawyer: Anything you say could be used against you in court. Always wait for legal representation before answering questions.

Knowledge of Florida Courtrooms

Your attorney should be familiar with the law and with the criminal court that is handling your case. We regularly appear in court on behalf of our clients. We know the criminal justice system and we can give you the advice you need to maximize your chances of obtaining a successful outcome. E-mail our offices, call 352-484-1845 or toll free at 888-459-5051 to discuss your situation in a free initial consultation.