Criminal Defense Attorney
Criminal offences involve violations of the criminal penal code, either by a failure to act, an omission, or other failures to comply with the state. In criminal proceedings punishment is sought upon the alleged wrongdoer, the defendant, by government and inherently the public of the jurisdiction in which the alleged crime took place. Unlike in civil disputes, individuals cannot bring up charges on other parties to remedy wrongdoing but through the agency of law enforcement.
If you are seeking legal representation, it is important that you choose a firm with appropriate experience. Research repeatedly exhibits that bad lawyering often contributes to bad outcomes in criminal cases. It matters who you choose to represent your legal rights in defense from the state’s prosecuting body. At the Law Office of Patrick R. McKamey, P.A., as former Homicide Prosecutor, Sex Crimes Prosecutor, County Court Division Chief, Felony Court Division Chief, DUI Instructor for FPAA (Florida Prosecuting Attorneys Association), your legal aid comprises more than twenty years of criminal law experience and literacy.
When you are booked for a crime, there are guiding notions that are helpful to adhere to in order to appropriately preserve your legal rights.
Requesting a Court-Appointed Lawyer is an option if you cannot afford a Private or Public Defender
Under the 6th and 14th constitutional and federally-mandated amendments, you have the right to be appointed counsel if you cannot afford one yourself.
However, keep in mind that if you are facing misdemeanor charges that do not result in incarceration a court-appointed lawyer will not be provided for you, or in the likelihood that you are released on probation and you violate it and its revocation results in incarceration, Nichols v. United States, 511 U.S. 738 (1994); Gagnon v. Scarpelli, 411 U.S. 778 (1973). The right to appointed counsel will not apply to civil cases such as in family law, even when such cases might result in incarceration. These constitutional provision only exist for criminal law.
Under the fifth amendment and your Miranda rights, you have the right to remain silent to avoid self-incrimination, or providing information to law enforcement through a court document, to force you or coerce you into providing what is known as testimonial or communication evidence. Thus, during your first hearing following an arrest, you have the right to not incriminate yourself and request a lawyer. If you are offered a plea before counsel is assigned to you, there will be three options for you to choose from, guilty, not guilty, or exercising your ability to remain neutral and silent, pleading no contest. Pleading not guilty may be your best option when attempting to fight the charges you are facing and avoiding poten