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Frequently Asked Questions Learn More About What Happens After an Arrest

FAQs about Criminal Defense

Do police need a warrant to make an arrest?

If police have probable cause (a good reason) and believe that a crime has been committed, and that the crime was committed by the person they are arresting, they can make an arrest without having to get a warrant from a judge. The one exception to this is arresting someone in their own home or private residence, as citizens are protected against unreasonable search and seizure. If the police are acting to protect others from danger, or need to prevent the destruction of evidence, or when contraband is in plain sight, they do not need a warrant.

Contact an Ocala Criminal Defense Lawyer today for a free initial consultation about your case.

  • Do police need a warrant to make an arrest?
    If police have probable cause (a good reason) and believe that a crime has been committed, and that the crime was committed by the person they are arresting, they can make an arrest without having to get a warrant from a judge. The one exception to this is arresting someone in their own home or private residence, as citizens are protected against unreasonable search and seizure. If the police are acting to protect others from danger, or need to prevent the destruction of evidence, or when contraband is in plain sight, they do not need a warrant.
  • How forceful can police be when interrogating a suspect?
    Police may not use physical force or psychological coercion to coax a suspect to give them information. All statements must be voluntarily disclosed. If information is gotten by either of these illegal methods it is considered inadmissible and may not be used at trial by the prosecutor. Judges often side with the police if there is a dispute about coercion taking place, as they believe that the defendant would typically have a greater need and motivation to lie. If you believe that you or someone you know may have been coerced during interrogation, consult an Ocala criminal defense attorney from Kinsell Law Firm to discuss what occurred.
  • What happens if I am not read my rights by the police?
    If you are interrogated while you are in custody without being read your rights, whatever statements that you make may not be used as evidence. Also, any evidence that would not have been found without you having made that statement may also not is admitted as evidence. Not being able to use this evidence can possibly because the charges to be dismissed, but charges are not automatically dismissed if your rights have not been read to you.
  • When do I have the right to a jury trial?
    If you have been charged with a crime that may be punishable for more than six months in jail or prison, you have the right to a trial by jury. It doesn't matter what the offense is.

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