Frequently Asked Questions
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Anyone charged with a criminal offense faces a multitude of issues that will affect his or her future employment, housing, and credit rating. For example, if you apply for a job, the employer has the right to run a background check. Even if your case is closed, the employer is not obligated to hire you. Another example occurs when you apply to move into an apartment or condominium complex where the owner or Association runs a background check. Even if the case is closed and you are serving probation, you may be prevented from living in a place of your choice. These are only two examples of how the lawyer you choose will affect your future long after the case is closed. In order to protect your legal rights and your future, you should seek legal advice immediately. When you hire a Criminal Attorney, you may avoid charges and/or serious penalties that may be enforced if you are convicted. An experienced and dedicated defense attorney will understand a person’s legal rights, how to challenge charges, and how to negotiate with law enforcement or prosecutors. Call Criminal Defense Attorney Joseph Fasone who is an experienced Fort Lauderdale criminal defense attorney who has the knowledge and skill to resolve your case. He is committed to protecting your legal rights if you are facing a criminal charge in Broward County, Miami-Dade County, or Palm Beach County.
A police officer is legally required to read a person his or her Fifth Amendment rights, known as Miranda warnings – only if a person is in custody (detained or arrested) and is questioned. However, not every person that is arrested is required to be questioned. Sometimes, the police purposely do not read Miranda warnings because they hope you will say something that is incriminating that may be used against you. Or, in the alternative, the police may imply to you that if you are innocent, you have nothing to hide. The police may legally lie to you and tell you that they know the truth and just want to hear “your story”. The bottom line is that if a police officer fails to read an arrestee his or her Miranda rights and fails to obtain a valid waiver of rights, then anything you say afterward may be inadmissible in a court of law. There is a specific Motion to be filed with the Court and an evidentiary hearing is conducted where the Judge decides if the police legally obtained your statement. You should contact Fort Lauderdale criminal defense attorney Joseph Fasone for a free case consultation to learn more about your legal rights and how you should proceed.
Yes. In the state of Florida minors may be tried as adults for certain crimes, such as homicide, sexual offenses, or other serious violent crimes, especially those involving a firearm. If many cases where the child is under sixteen years of age, a Waiver Hearing is held where a Judge hears all the evidence of the case and reviews the statutory requirements in order to determine whether the juvenile should be ‘waived’ into the adult system. The only way to ensure proper legal representation for a child accused of a crime is to speak with Joseph Fasone, an experienced juvenile criminal defense attorney.
Typically, a traffic violation without any further evidence does not automatically allow the officer to search your car. However, if the officer runs your name and discovers that your license is suspended or there is an outstanding warrant for your arrest, the officer may arrest you, then search your car under the ‘inventory search exception’ prior to the vehicle being towed. The officer does not need a warrant in that scenario.
In other instances, if the officer smells the odor of marijuana, the officer has the legal right to search the vehicle for any contraband. The driver and any passenger is then subject to a search of their person as well. Every case is different so you should call Criminal Defense Attorney Joseph Fasone to further discuss the details of your case.
Yes and no. When you are issued a Florida Drivers License, you agree to submit to any chemical tests if requested by a police officer. If a police officer is investigating whether you are driving under the influence (DUI), the officer cannot physically force you to give a breath sample. You may refuse to submit a breath or urine sample, but there are immediate administrative penalties with the DMV if you do so when the officer had sufficient probable cause to request a breath sample. If you are stopped for a second DUI and you refuse a breath test a second time, the administrative penalties are harsher even if you are acquitted in court. Every case is unique and in order to get a clear answer for your case, you should call Fort Lauderdale DUI Attorney Joseph Fasone. The initial consultation is free of charge.
Since 1991, Joseph R. Fasone has represented hundreds of clients charged with Felony, Misdemeanor, DUI, Juvenile, and Traffic offenses throughout South Florida including Miami-Dade County, Broward County, and Palm Beach County.
It does not matter if a client needs representation for a traffic violation or a felony offense, Mr. Fasone offers his clients his personal attention and treats each client according to his/her individual legal needs.
Mr. Fasone offers each client his unrelenting approach coupled with determination to ensure the best resolution for each case.