Legal Question in Criminal Law in Florida

Re: evidence

Additional charges can be added prior to entering a plea. It is the State Attorney who makes this decision, not the police. I suggest that you don't talk to the police.

Almost everyone in prison is there because they talked to the police. They thought they could explain; they thought they could help themselves.

When the police want to talk to you, it's not for your own good. They're not looking for evidence to clear you. They're looking for evidence against you.

The police tell you, "we're your friends, we can help. Make it easier on yourself. Confess now," so you confess, and go away for the maximum anyway. The police are not your friends.

Or the police ask about a murder: "what do you know about it?" He says, "I was there, but I didn't do it." They ignore the denial, write down "he admits being there," and use that to convict him. The police only hear what they want to hear.

Or the police ask about a robbery: "what do you know about the robbery?" You say, "I didn't do the robbery. I just sold the guy drugs." They charge you with dealing drugs, and you go to prison. The police are sneaky. They are allowed to lie to you to get a confession.

You have a constitutional right not to talk to the police. That means that your refusal to talk can't be used against you. If you keep your mouth shut, nobody will legally be able to consider that in deciding whether you're guilty or not. (The cops may think you're guilty, but they think you're guilty anyway.)

You also have a constitutional right to a lawyer. If you say, "I want a lawyer," the police are supposed to stop questioning you. Sometimes, though, they don't hear you demand a lawyer. So you have to tell them again. And again. And again:

Cop: Where were you Tuesday night?

You: I want a lawyer.

Cop: You don't need a lawyer, do you?

You: I want a lawyer.

Cop: If you're not guilty, why do you need a lawyer?

You: I want a lawyer.

Cop: I can't do anything for you once you get a lawyer.

You: I want a lawyer.

Re: evidence

Hello:

I read the one response and thought I'd provide another and I work in North Fla. I agree with his advice, don't talk with the cops anymore. And the State Attorney's office files the final charges in a case. The disposition of this case will depend on several factors....the seriousness of the crime, whether the defense can file a Motion to keep evidence out because of wrong actions of the arresting officers, and his prior record. As you are probably aware, he can fight the charge and demand a jury trial or try to negotiate a decent plea with the State. 'Hope this helps. Tom Rosenblum, Jacksonville