Defense in Miami

Frequently Asked Questions

If you've been arrested or are facing criminal charges, you most likely have a lot of questions. The criminal court system is overwhelming and confusing, which is why it is imperative that you retain aggressive defense to help you fight the charges and severe penalties you face.

Miami Defense Attorney Michael Mirer is more than happy to answer your questions and address your concerns during a free initial case evaluation, so you should not hesitate to contact the Law Office of Michael Mirer, P.A. today at (800) 798-0243. 

For more information, check out answers to some of the questions the firm is commonly asked.

The Officer Did Not Read My Rights When I Was Arrested. Does This Affect My Case?

Law enforcement has a responsibility to make an individual aware of their rights when they are taken into custody, and yes, the officer's failure to do so at the time of your arrest could have significant impact upon your defense. 

One of the facts that the officer must inform you of is your right to remain silent, because anything you say could be used against you as evidence. Because you were not read your Miranda Rights, your Miami criminal attorney can implore the judge to rule that any self-incriminating statements you made during your arrest are inadmissible as evidence.

Do I Have to Answer Police Questions?

If you have been arrested, you have the right to remain silent. You do not have to answer questions that the police may ask you. During questioning, law enforcement is allowed to lie to you in an attempt to get information or to obtain a confession. 

By taking full advantage of your right to remain silent as well as your right to a defense lawyer in Miami, you can help ensure that you do not unintentionally incriminate yourself or say or do anything that may negatively impact your case.

What’s the Point in Fighting My DUI Charge if They Can Prove My BAC Was Over the Limit?

Unfortunately, far too many people wrongly assume that it is impossible to win a drunk driving case, and thus it is futile to fight their charges. In reality, there are many factors that can seriously impact the prosecution's evidence against you, which is why your case should be evaluated by an experienced defense attorney.

Your attorney can assess the circumstances that led to your arrest and determine whether your BAC results were tainted by such things as an improperly calibrated machine, the officer's failure to follow standard testing procedure, if you vomited or burped before taking your breath test, or if an alcohol swab was used to clean your arm before a blood test. Discuss your case with a lawyer to learn what defense options are available to you.

When Should I Involve an Attorney?

Our advice is to contact a Miami criminal lawyer as soon as you have become aware that you may face arrest, or if you are facing criminal allegations of any kind. Even if formal charges have not been filed against you, having a legal professional to represent your interests is of the utmost importance. It is never too early to at least consult with an attorney, as this is a valuable opportunity to learn more about what you are potentially up against and whether you actually need legal counsel at all.

Why Should I Hire a Private Attorney?

The state provides public counsel to those that cannot afford to retain a private attorney, but this option should be avoided unless absolutely necessary. Public defenders are assigned to numerous cases at a time, which means they are overworked and unable to devote the amount of time needed to craft a careful and detailed defense for each client's case.

When you enlist a private defender for your case, you receive the benefit of having an attorney on your side who is fully committed to protecting your rights and fighting for your freedoms and future. Your Miami criminal defense lawyer can thoroughly investigate the charges and evidence brought against you to find the flaws and inconsistencies in the prosecution's case and relentlessly advocate on your behalf.

Can a Misdemeanor Be Expunged?

In the state of Florida, a misdemeanor conviction will remain on your criminal record indefinitely. However, if the case was dismissed, charges were dropped or not filed, or you were found not guilty than expunging or sealing the arrest record may be possible. 

What Is a Sealed Record?

Having a record sealed means that the criminal record is not accessible to the public but can be retrieved by the Court. This is a different process from expungement which clears, or removes, charges from a person’s record.

What Does a Dismissal Mean in Court?

A dismissal in criminal court means that the charges were dismissed and no conviction was made. This typically occurs before the trial takes place. There are several reasons why a dismissal may be granted in the state of Florida including if there was not enough substantial evidence, if the defendants’ rights were infringed upon,  and if the defendant received a pardon or immunity.

What Does It Mean to Be Acquitted?

An acquittal is different from a dismissal in that the defendant is found not guilty of the charges brought against them by the Court following the trial. This indicates that the prosecution lacked the evidence or was unable to establish that the individual was culpable of the crime “beyond a reasonable doubt”.

How Can Law Office of Michael Mirer, P.A. Help Me?

As an experienced criminal defense attorney in Miami and as a former prosecutor, Michael Mirer is extremely familiar with the Florida criminal court system.

He Can Use His Legal Knowledge, His Firm’s Resources and His Experience To:

• Help you avoid formal charges in the first place
• Expedite your release from jail or custody
• Protect your Constitutional rights
• Represent you through the extent of your criminal case in order to help you resolve this matter to the best possible outcome