Search

Articles Posted in Constitutional Rights

by

Have you ever heard a police officer or special agent in a tv show, such as NCIS, Law and Order, or CSI say the words, “You have the right to remain silent. Everything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you,” or a version of that? Those are called your Miranda Rights or your Miranda Warnings, derived from the 5th and 6th Amendment of the United States Constitution.

Your 5th and 6th Amendment rights are very important to know if confronted by a legal situation. For example, the police show up to your door and ask you what you know about a possible crime in the area. Do you have to answer their questions?

The simple answer is no, you can inform the police you do not want to answer their questions. Put yourself in this situation. At this point, you do not know if the police consider you a suspect or if they are only searching for information about a possible crime. Voluntarily choosing to not speak with the police about a criminal matter is not a crime.

Continue reading

by

The Florida Supreme Court recently declined to consider whether law enforcement can legally force defendants to reveal their cellphone passcodes. In the case of Pollard v. State, 287 So. 3d 649, out of the Eighth Judicial Circuit in Alachua County, prosecutors sought to force the defendant to reveal the passcode to his cellphone as part of their criminal investigation. The case reached the Supreme Court of Florida; however, because the case was dismissed by the state attorney’s office, it will no longer be reviewed by the highest court in Florida.

This topic is a continuous debate between court systems and law enforcement throughout Florida and across the United States. Currently, two of the five Florida district courts are divided on the issue of requiring defendants to provide police with their cellphone passcodes. The 2nd District Court of Appeals which covers counties in the Southwest regions of Florida, has ruled a search warrant can require a defendant to provide their passcodes. In contrast, the 4th District Court of Appeals which covers counties in the Southeast regions of Florida, has ruled requiring a defendant to reveal their cellphone passcodes is unconstitutional violating a defendant’s Fifth Amendment rights against self-incrimination.

In the 5th District Court of Appeals (DCA), which covers the Central Florida regions including the counties of Lake, Osceola, and Orange; the court has not been presented with a case to rule on whether a search warrant required a defendant to unlock their cellphones. The 5th DCA has ruled on other situations involving the search of a cellphone. The court has adopted the ruling in the case of Smallwood v. State, 113 So. 3d 724, which found that police needed to obtain a warrant to search a phone upon seizing it once an arrest has been made. The 5th DCA has also ruled on specific situations where a warrantless search of a cellphone is applicable. In the case of State v. Phillips, 266 So. 3d 873, the court found that a defendant on probation for sexual offenses created a greater public interest to justify a cellphone search without a warrant.

Continue reading

by

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

Client Reviews
★★★★★

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.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

 Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
View More
Submit a Law Firm Client Review
Contact Information
Main Office
250 E Colonial Dr #303
Orlando, FL 32801
Phone: 407-872-0307
Tavares Office
315 N New Hampshire Ave #100
Tavares, FL 32778
Phone: 352-787-2101

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2023, Adams & Luka
JUSTIA Law Firm Blog Design