The Arrest

Most people who are arrested start by seeing something that is common to all of us: lights in the rearview mirror. Police stops on the road happen for a variety of reasons, most common being speeding, but also for weaving over the lane markers, having faulty equipment like a burnt tail-light or for running a stop sign. The police officer can then approach your car and continue the stop into an arrest if he / she has probable cause that you're committing a crime. (What is Probable Cause?)

The police can also "stop and frisk" you on the street if they have reasonable suspicion that a crime has been or is about to be committed with a weapon on your person. The Supreme Court decision in Terry vs. Ohio (1968) gave the police this power.

If they find drugs, weapons or items they have reason to believe are stolen, you will be placed under arrest and taken to jail. You will also be arrested if the police believe you have committed a crime in their presence, or if you match a B.O.L.O. alert("Be On The Look-Out") arising from a 911 call.

But just because you've been arrested doesn't mean the arrest can't be challenged. Every single person in the United States is guaranteed that they will have the opportunity to be tried in front of a jury of their peers and that they are innocent until proven guilty.

While it may not feel like you are innocent until proven guilty when the police are putting you in the back seat with handcuffs on, a qualified and experienced defense attorney like Richard A. Stern will closely analyze every action the police took during your arrest to see if there are applicable motions to suppress that can be filed. Richard A. Stern will argue your side in front of the Judge who will decide whether the arrest was proper; if it wasn't, the evidence against you will be suppressed.

Fill out an Online Consultation or call us at (305) 274 - 5777 and Richard Stern will discuss your case with you personally. Contact us today so we can get started investigating the charges and planning your defense.

The DefendMiami.Com Knowledge Base is not, nor should be construed as, legal advice. The information provided here is of a general nature. Every case is different and as such requires analysis on the particular facts that relate to your situation. Richard A. Stern is available to speak to you about your case, free of charge, at (305) 274 - 5777.