Criminal Defense
Magnolia Law Criminal Defense Attorneys
We Protect Your Constitutional Rights in the Criminal Justice System.
Being arrested and charged with a crime is serious. The penalty may include jail time, mandatory treatment, fines, and/or probation, as well as the potential loss of significant civil rights and other privileges. When you are facing criminal charges, you need to immediately get a knowledgeable attorney involved ASAP.
Magnolia Law provides aggressive, knowledgeable representation in all stages of the criminal justice system.
We understand that when you walk into our office you are not at your best and we also understand that you are going through a very stressful time in your life. That is why we are committed to providing aggressive representation based on you and the facts of your case individually. We know that often times you are overwhelmed and have concerns regarding the possible loss of your license, civil liberties, and cost of representation. Our criminal attorneys will quickly schedule a consultation to meet with you to assess your case. We will provide you answers to your questions regarding the possible outcomes and consequences of your particular situation and we WILL ultimately find a solution for you.
We can DEFEND your rights in the following criminal cases:
DUI/BUI
Driving While License Suspended (DWLS)
Drug offenses
Drug trafficking
Drug treatment court
Domestic Violence
Florida Diversion Programs
Probation Violations (VOP)
Forgery
Fraud
White collar crimes
Racketeering (RICO)
Florida Restricted License
- Juvenile Offenses
- Sex Crimes
- Sexual battery
- Assault and battery
- Child and elder abuse
- Grand theft
- Dealing in stolen property
- Asset forfeiture
- Expungement/Sealing of records
- Criminal appeals
- Post Conviction Relief
- Federal Crimes
Have you been arrested?
Criminal charges are generally separated into two categories:
Depending upon the specific circumstances of your case, you will be charged with either a misdemeanor or felony. In some cases involving multiple criminal charges, individuals may find themselves facing counts of both types of charges.
Remain silent and hire an attorney. When you hire a criminal defense attorney, you want one with the experience to support you throughout the entire process. At Magnolia Law, we have extensive experience in many types of criminal cases and can assist you from start to finish. You need to hire attorneys who can navigate and move through the criminal process as quickly and effectively as possible.
KNOW YOUR RIGHTS
First, If a police officer asks for your permission to search (anything), the answer is always NO! You are under no obligation to consent to a search. The only reason an officer asks your permission is because they do not have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have — your Fourth Amendment protection against unreasonable searches and seizures.
Second, SAY NOTHING! The general rule is that you don’t have to answer any questions that the police ask you. This rule comes from the Fifth Amendment of the U.S. Constitution, which protects you against self-incrimination. There’s a good reason that criminal defense attorneys advise you to say nothing, and even the police are required to say why – because everything and anything said can be and will be used against the defendant in court.
If you are stopped or questioned by police, but not being arrested, you need to decipher if you are in police custody or not. You are considered to be in police custody when you are not free to leave. You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. If you cannot tell if you are allowed to leave, say to the officer, “I have to be on my way. Am I free to leave?”
Remember, Miranda rights do not apply if you are not in police custody. The general rule is that the police are required to read Miranda warnings before any custodial interrogation. This means that any time up to the point you are in “police custody”, anything you say can be used against you. Even informal questioning by police officers when they stop you can be used against you. Police officers and law enforcement agents know that they should inform a person of their Miranda Rights when they arrest a person and interrogate or hold the individual in custody. However, nothing bars a police officer from having a discussion with a suspect and getting information — when a person is free to leave. For this reason, gauge the situation and whether or not you can leave. If you are stopped by an officer or asked to come into a station to answer questions, act courteously and be respectful, but then refer all questions to your attorney (even if you have not hired one yet).
When arrested for allegedly committing any Florida crime, again remain silent. Listen carefully when the officer tells you your Miranda rights and respectfully tell the officer you will make no statement without an attorney present. Thereafter, when you are given your right to make a telephone call, contact Magnolia Law at 954-451-0088 — so we can help you navigate the process and reach the best outcome for your case.
