Our St. Augustine criminal defense attorney can explain that the moments after an arrest can be some of the most critical in a case. Often, criminal defendants are scared and may say things that hurt their case because they mistakenly believe that they will be let go. However, this is usually not the case. A St. Augustine criminal defense attorney may be able to offer information about the arrest procedure that can help a criminal defendant protect his or her legal rights.
What to Expect After an Arrest
After a criminal defendant is arrested, he or she may not have access to a phone until after the initial court appearance. Additionally, his or her spouse and other family may be frantically looking for him or her and be concerned that he or she is being taken care of appropriately. This is the time when many family members place a call to a St. Augustine criminal defense attorney. Your lawyer may attempt to determine the law enforcement agency and officer who arrested you. Additionally, he or she may ask the agency to confirm when you are first due in court.
Finding Your Location
It may be difficult for a St. Augustine criminal defense attorney to initially locate criminal defendants who have just been arrested. However, he or she can usually follow the trail in order to determine the defendant’s location by first checking with the court, the jail, the central booking center and other entities that had contact with the defendant. Once the defendant’s location is determined, his or her lawyer may attempt to find out how long he or she is expected to be there, whether bail is an option and whether anyone can see him or her.
One of the important roles of a criminal defense attorney is to determine whether law enforcement acted within the confines of the law. In order for an arrest to be legal, law enforcement must have probable cause, which means that the law enforcement officer had a reasonable belief that the defendant committed a criminal act. If it is determined by the court that an illegal arrest occurred, the criminal defendant has the right to be released. Additionally, any evidence that directly stems from this primary illegality must be suppressed because it will be considered “fruit of the poisonous tree.”
Legal Assistance from a St. Augustine Criminal Defense Attorney
For more information, contact a St. Augustine criminal defense attorney from Canan Law by calling (904) 824-9402.