Arrests are made by police officers, usually in the moment, and are based upon “probable cause” (which is loosely defined as being facts and circumstances sufficient to believe that a particular person committed a particular crime).
Prosecutions are commenced by prosecutors (lawyers), usually after an arrest has been made, and are levied based upon a good faith belief that sufficient competent and admissible evidence exists to prove beyond a reasonable doubt that a particular person has committed a particular crime. The standards are not the same.
You will likely have no success in convincing a cop who is hell bent on arresting you that s/he’s got it wrong (and you will likely do yourself more long term harm by trying… which is why you should invoke and let your lawyer do the explaining for you at the appropriate time, in the appropriate place and in the appropriate fashion) but your lawyer may have a better chance at convincing an Assistant State Attorney that for any of a variety of reasons the cop on the scene got it wrong.
In all felony cases (and in some misdemeanors) the State Attorney’s Office uses the interim period in between arrest and arraignment (varying from 21 – 30 days) to review each arrest for “PC” and then to determine if the case is provable in good faith in court. If it exists, then during this “pre-file” period a skilled and experienced criminal defense lawyer can piece together persuasive evidence and argument in an effort to convince the State to fore go prosecution entirely, to amend or reduce charges or possibly to negotiate an immediate resolution which is satisfactory to everyone involved (cops, civilian victims, the State’s sensibilities and to the Defendant). This does not always work, and many if not most case are effectively rubber stamped and filed by the State precisely as charged by the arresting officer(s), but it is almost always worth the effort.
Cops have an expression that goes like this: “You might beat the rap but you won’t beat the ride”.
And they are correct. Being arrested is like being caught in a rip current. Fight it and you are likely to drown. If you recognize the rip current for what it is, let it take you as it will for a bit and when it sets you free then simply swim to shore, then you come out a winner. Swim against it and your odds at a happy ending exponentially decrease. If you find yourself in the position of being arrested then let it happen. Be cooperative and as pleasant as possible and invoke your rights to remain silent and to speak to your lawyer. Then, when you are safely ashore, call me, and let Michael A,. Haber, P.A. work toward getting your good name cleared.
If you have a FL based #CriminalDefense or #DUI question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to [email protected], call or text 305-798-2220 or message “Miami.Criminal.Lawyer” on #Facebook or @Sharky910 on #Twitter) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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