Articles Posted in Constitutional Rights

I believe I may be under investigation for a crime and law enforcement has attempted to contact me. I don’t want to speak with them if I don’t have to, but I’m unsure of how to answer any questions they may ask.  

The short answer is no, you do not need to voluntarily provide law enforcement with information or answer their questions. Under the United States Constitution, you have the right to not provide any self-incriminating information to law enforcement. You also have the right to consult with an attorney prior to any police interrogations or have an attorney present while officers question you.  

Most people are familiar with the Miranda warnings and can even recite them from memory. This legal doctrine comes from Miranda v. Arizona, heard by the Supreme Court of the United States in 1966. From this case, officers are required to inform suspects of their right to remain silent, that any statements they make may be used against them, that they have the right to an attorney, and that if they cannot afford an attorney one will be provided to them. Under Miranda, unless the suspect is informed of these rights, and also clearly and intelligently waives those rights, any statements they make may not be admitted into court against them.  Continue reading

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

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