Law Offices of
Carlos M. Fleites

MIAMI CRIMINAL LAWYER FREQUENTLY ASKED QUESTIONS:

Q: I have not been charged with a crime, but I am being investigated by state and/or federal authorities, should I wait until I am arrested to hire an attorney?

A: No, if you know you are being investigated in connection with a criminal offense, especially a felony offense, you should consult with an experienced criminal defense attorney immediately. First, by involving an attorney at this stage, the attorney will be able to give you advice as to whether you should make any statements to investigators or allow a search of your property. Always remember, you do not have to give a statement to the police and any statement will be used against you. Likewise, unless the police have a search warrant, you have an absolute right not to allow the police to search your property.

In addition, an experienced attorney, if called during the investigation stage, will often be able to: (1) obtain information regarding the investigation so that you can make intelligent decisions regarding how to proceed; (2) attempt to convince investigators and/or prosecutors not to go forward with a prosecution; (3) in state court felony cases, make a presentation to the grand jury on your behalf urging that it not return an indictment against you; and (4) make arrangements so that, if you are eventually charged, you can turn yourself in, so as to avoid being arrested at your home or work

Q: I have been arrested, what should I do?

A: The first thing you should do is to contact an experienced criminal defense attorney who can help you understand the law, investigate your case, determine your options, formulate a defense, and help you navigate the criminal justice process.

Q: How do I go about finding an attorney?

A: With both your liberty and reputation at stake, you don't want to hire the wrong attorney. Do not make the mistake that some people do and simply go through the yellow pages calling attorneys in order to find the lowest bidder. You are buying an attorney's knowledge, experience, and professionalism; you are not buying a microwave.

In any event, here are some questions to ask: (1) Does the attorney specialize in criminal law or is criminal law just once of the attorney's many practice areas? (2)Does the attorney have qualifications? (3) How much experience does the attorney have with your type of case? (4) Did the attorney offer to give you a fee contract that sets out the fee and what he or she will do to defend your case? (5) Did the attorney take time to explain things thoroughly and in plain English? Beware of an attorney that promises a certain result or suggests that they have special influence with the courts or the prosecution it is not only unethical, but it is also against the rules regulating The Florida Bar.

Q: Why not let the public defender represent me?

A: You must first demonstrate the inability to pay for a private attorney in order for the court to appoint a public defender to represent you.  Further, a public defender will only be appointed after you are officially charged with a crime.  This, at the earliest, is 21 days after your arrest.  Much valuable time to discuss your side of the case and avoid the formal filing of charges will be lost by that time.

Q:  I am not a U.S. citizen. What can happen if I am convicted of a crime?

A: For people who are not citizens, criminal charges pose an even more complicated hardship. If the charges are not dismissed, conviction of many crimes may mean that the Immigration and Naturalization Service will bring removal proceedings against the person in which a forced deportation to their country of citizenship may be a certainty. Therefore, it is critically important that non-citizens be represented by a criminal defense attorney who is acutely aware of the potential immigration consequences of a criminal conviction and does everything possible to ensure that such a conviction does not take place.

Q: What if I didn't commit the crime?
A: This situation is difficult, as the prosecutor believes that you did commit the crime.  There was enough evidence to arrest and charge you for the crime, and you will need to take action to fight for your defense.  There have been many innocent individuals who have ended up in prison for a crime they didn't commit.  A strong criminal defense lawyer from the Law Office of Carlos M. Fleites must initiate the actions to defend you at once.

Q: Will the state use my prior convictions against me?

A: That depends on the nature of the offense and when the conviction occurred. Generally, prior convictions can affect many issues in a criminal case, from bond to sentencing. This is often a complicated question, and is definitely a situation where consultation with a knowledgeable criminal defense attorney is imperative.

Q: Are there alternatives to jail or prison if convicted of a crime?

A: There are many. Consultation with an experienced attorney is invaluable to properly determine which are the most viable options in a given case. Alternatives to jail include probation, alcohol and drug rehabilitation and treatment, electronic monitoring, house arrest, work release, work furlough, community service, pre-trial intervention/diversification, and many more. There are pros and cons to each, and a creative and knowledgeable criminal defense attorney can help fashion options palatable to the prosecution which are tailored to the client’s specific needs.

Q: Attorneys are expensive, how can I afford one?

A: While it is true that hiring a lawyer can sometimes be costly, consider the cost of being incarcerated for any period of time.  A person can lose their job, family, and jeopardize their immigration status.  We will arrange payment plans and accept credit cards as forms of payment to ease the burden of payment.

Q: Will I have to pay for an initial consultation?

A: No, initial consultations are always free of charge.
We are committed to providing our clients with an honest and zealous representation, along with regular communication. We are committed to providing each client with a written retainer agreement, specifically describing the services to be performed, and the exact expense anticipated. All telephone calls and electronic communication will be answered and returned promptly. The multilingual attorneys and staff of the Law Offices of Carlos M. Fleites know and understand that communication is important in every criminal case.

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