Top Legal and Financial Services in Key West, FL 33040
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Pribramsky & Company, CPA's
By Audio Video In Paradise Inc May 20, 2011
Audio Video in Paradise has been doing business with Pribramsky and Zuelch for over 8 years. We are extremely happy with their company and will continue to do business with them for many years to come! I highly recommend Pribramsky and Zuelch and their staff! ...read more
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Can the Police Search Your Car Without Permission?
It is a common occurrence. Perhaps you get stopped for something minor like a broken tail light or an expired license tag. You assume it’s a matter of getting a ticket or a warning and being sent on your way, and then the officer who stopped you asks if they can take a look inside your car. One of the most frequent questions that a Monroe County criminal lawyer is asked is whether a driver can just say no to the search. And, if the driver does say no, what happens if the police search the car anyway? Consent to Search and Exceptions Under Florida law, a police officer is, as a general rule, not allowed to search your vehicle without your consent. However, there are scenarios where the courts have ruled that an officer can search someone’s vehicle without permission. Generally, the police officer can search a vehicle if he or she either: Has probably cause to believe there is evidence of a crime in the vehicle, or The search of the car is incident to the arrest of someone in the car. Probable Cause to Search Your Car In order for there to be probable cause for the officer to search your car, he or she must have a reasonable belief that there are items connected to a crime – like drugs, a gun, or other contraband -- in your car. In order to form a reasonable belief, the officer must be able to see an item in plain view. For example, if the officer looks through your vehicle window and can plainly see cocaine on the seat, or if he or she can smell marijuana in the car, then any search would be allowed under the probably cause exception to consent. Searching Incident to an Arrest In addition, the police can search your vehicle without your consent if the search is considered incident to an arrest. For a search to fall under this exception to consent, the person being arrested must be in the immediate area of the vehicle. The idea is that the police have to search the vehicle to make sure the person being arrested does not have access to a weapon of some kind. How to Refuse a Police Search of Your Car It is always in your best interest to behave in a respectful and courteous manner when responding to a police officer’s request. You should feel free to stand up for your rights, but there is never a need to create a sense of escalation by losing your calm. As long as there is no arrest in progress and there are no illegal items that are in plain sight, you have every right to refuse to consent to a search of your vehicle. Simply state that you do not give consent to the search. No further explanation is needed. If the officer searches your vehicle anyway, state that you object to the search but do not try to stand in the officer’s way. If you are charged with a crimeafter the police conduct an illegal search of your vehicle, a Monroe County criminal lawyer can help you fight the use of the “fruits” of that illegal search for a criminal prosecution. If you have questions regarding a police search of your vehicle or you need help with a criminal charge or legal issue in the Florida Keys, contact a Monroe County criminal lawyer. ...read more
By Donald C. Barrett, P.A. November 13, 2018
Should I Take a Plea? Have an Attorney Before Agreeing
No matter what type of crime you are convicted of, the fact of the matter is that jails and prisons are overloaded with prisoners. Prosecutors are often motivated to offer plea bargains to defendants in order to try to keep the behind-bars population smaller, sending away only the worst-of-the-worst. Court dockets are also overcrowded, and judges simply do not have time to try every single case that may come before them on a day-to-day basis. They work with prosecutors to reduce the docket load by use of plea bargains, which can simplify and streamline processing of cases. With these factors as motivation, it sounds like accepting a plea bargain may be a great idea for your case, as you may be able to get off with a lesser level of offense than your original conviction. This may be true. But without an experienced Monroe County criminal lawyer acting on your behalf, you may be giving up more than you should when you accept a plea bargain, hurting yourself in the process. Do Not Rush Your Decision Making big decisions in a hurry can be a recipe for disaster in many areas of life, but particularly when you are under the personal stress and duress caused by a possible criminal conviction. You may be tempted to put the matter behind you quickly as possible, and could end up accepting a deal that is worse than it could be. In many cases, a good defense can make a huge difference in the outcome of a criminal case. An experienced lawyer could, for example, know of a way to dispute the charges against you that you are not aware of, motivating the prosecutor to make a better plea bargain when facing a weaker case against you. Even the simple presence of a lawyer can communicate to a prosecutor that you are serious about fighting for your rights, and change the playing field when it comes to negotiation. As with all negotiation, the person on each side may offer something very small initially as compared to what the maximum is they are prepared to and able to offer. Lawyers are extremely skilled at this type of negotiation, and can counter with similar small offers backed by legal defense strategy based on handling dozens, even hundreds of similar cases. The place each party meets in the middle can be very different when you have experienced negotiators on both sides of the table. Prosecutors are not your friend, and they are not being “nice” when they offer you a deal. They are government representatives and their job is to obtain as many convictions as possible. When you retain counsel, your lawyer will take steps to do what benefits you the most. The law firm ofDonald C. Barretthas a broad and deep bench of experience in handling criminal cases, and will aggressively represent your best interests throughout the entirety of the plea-bargaining process.Contact ustoday to get started. ...read more
By Donald C. Barrett, P.A. September 26, 2017