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Orlando Constitutional Law Attorney - Lawyer

Orlando Attorney, Mark S. Blechman Provides Professional and Experienced Constitutional Law Legal Services in Orlando, Winter Park, Maitland, Longwood, Kissimmee, Orange - Seminole, Osceola Counties, and the Surrounding Central Florida areas.

The United States and Florida Constitutions protect the citizens from the Government. We fought long and hard for these protections and it is important to keep these protections against over zealous and over reaching police activity.

DO I HAVE TO LET THE POLICE SEARCH ME? – FOURTH, FIFTH AND FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE I, §9, §12 AND §23 OF THE FLORIDA CONSTITUTION.

NO! The police may only search a person, place or thing if they have probable cause (defined as enough evidence to convince a reasonable person that criminal activity is or has occurred) to believe that something illegal exists. However, there are numerous exceptions to this rule. For instance, a police officer can search you or anything within your grasp once you are lawfully arrested. An officer may frisk a person to see if they have weapons on them. An officer may search anything if he sees something in plain view and he has a legal right to be there. An officer may search a car and its occupants if he smells marijuana. THE EXCEPTIONS ARE GREATER THAN THE RULE.

DO I HAVE TO SPEAK WITH POLICE? – FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ARTICLE I, §9 AND §23 OF THE FLORIDA CONSTITUTION

NO! Many people feel that they can talk their way out of trouble. I believe that this is not realistic. Anything you say to an officer can be considered an admission and will be used against you at a trial. All spontaneous statements will also be used against you. If you are the suspect of a crime, the police are not trying to help you! The police are trying to gather as much evidence as they can to help them make a case against you. You have no legal obligation to speak with them. Please let an attorney speak to them on your behalf. Even if you are not guilty of anything, the most simple questions may trip you up and make it seem like you did something wrong. You are protected from being a witness against yourself.

WHAT ARE MY MIRANDA RIGHTS? – FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE I, §9 OF THE FLORIDA CONSTITUTION

Many people have learned that they have the right to remain silent and the right to an attorney by watching television. You do have these rights. However, these rights only apply when you are arrested, or placed in custody and asked questions. Strangely enough, a blood, breath or urine test is neither considered questioning nor is it considered self incriminating. That is why people do not have the right to a criminal defense attorney before such test is given. A routine traffic stop does not require that the person stopped must be told of their Miranda rights. However, if the police officer leads you to believe that the roadside detention of you is going to be more than a brief encounter, Miranda warnings and your right to have a criminal defense attorney present before and during questioning may be required.

DO I HAVE TO ALLOW THE POLICE TO SEARCH MY HOUSE OR CAR? – FOURTH AND FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE I, §9, §12 AND §23 OF THE FLORIDA CONSTITUTION

NO! The police have every legal right to ask for your permission to search your car or home. You, on the other hand, have every legal right to refuse. Unless there is probable cause to search, the police should not be looking at your personal items. The Fourth and Fourteenth Amendment to the United States Constitution and Article I, §9, §12 and §23 of the Florida Constitution mandate that citizens shall be free from unreasonable searches and seizures. What type of Government conduct is deemed unreasonable, and therefore unconstitutional, is determined by the facts and circumstances of each case. However, some rules apply to all searches and seizures. The most important one is that all searches, unless conducted pursuant to a warrant, are unreasonable and therefore unconstitutional. There are, however, certain exceptions to the warrant requirement thus permitting warrantless searches under those circumstances. The facts of your particular case must be examined in order to determine if one of those exceptions applies to your case.

Given the stakes, when searching for a criminal defense attorney that you or your family can rely on, you should find an attorney whom:

1. Possesses the highest level of professional skills.

2. Has successfully represented people accused of wrong doing for 30 years.

3. Can assure you and your family that you will receive the kind of professional attention and care that you deserve.

If you require professional legal services regarding constitutional law legal issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Orlando constitutional law attorney & lawyer. Contact Mr. Blechman by calling 407.895.8181.

Orlando Attorney, Mark S. Blechman Provides Professional and Experienced Constitutional Law Legal Services in Orlando, Winter Park, Maitland, Longwood, Kissimmee, Orange - Seminole, Osceola Counties, and the Surrounding Central Florida areas.