Criminal Lawyer Tactics
Pushing the Arrest
One tactic that has been used by Broward criminal defense lawyers is to announce to law enforcement that their client planned on leaving the country (provided it is true). As no arrest had been made, their would likewise be no restraint on liberty allowing he or she to travel wherever they wished. Officers investigating the case, however, fearful of losing the suspect to a foreign jurisdiction would certainly consider making an arrest and thus starting the speedy trial time clock and potentially limiting the time in which to gather evidence.
Make No Mistake - All Arrests are Dangerous
Forceful arrests are dangerous for obvious reasons. What is not so obvious is that the serving of a search warrant carries a likelihood of additional charges should the client be caught off guard and resist. While your Broward criminal defense lawyer may tell you that citizens are legally entitled to resist a police officer's use of excessive force, jurisdictions differ as to whether citizens may resist an arrest solely because it is unlawful. (For example, the arresting officers do not use excessive force, but they lack probable cause for the arrest.) At common law, a citizen could use reasonable force to resist any unlawful arrest. Under principles of self-defense, the police officer was deemed to be an aggressor when attempting the unlawful arrest. Today, however, most jurisdictions forbid the use of physical force by citizens. Instead, the citizen must submit to the arrest and subsequently litigate the propriety of the arrest.
William Moore, P.A. Broward Criminal Defense Lawyers
For more information about arrest warrants contact a Broward criminal defense lawyer experienced in understanding warrant defenses in addition to the anticipated accompanying charge.
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Broward County Arrest Warrants
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Broward Arrest Warrant Requirements
When issued, the arrest warrant must (1) be directed to a law enforcement official, (2) name the accused or set forth a description by which the accused can be identified with reasonable certainty, (3) describe the offense charged, (4) command that the accused be arrested and brought before a court of appropriate jurisdiction in the city, county, or town in which the alleged offense was committed, and (5) be signed by the issuing officer. Generally, the execution of an arrest warrant carries no time limitation which may be the cause of some frustration for clients who often direct their criminal attorney to take some form of action in order to alleviate the anxiety caused by being under investigation. The accused has no right to a "speedy arrest," thus delays in executing an arrest warrant do not affect the legality of the arrest.' This leaves any criminal attorney representing the rights of his client with few options.
Broward County Arrest Search
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Arrange for Surrender
If you have been arrested via execution of a search warrant, your Broward criminal defense lawyer will explain that when executing an arrest warrant, a police officer must endorse the date of execution and return the warrant to a judicial official having authority to grant bail. An arresting officer may use reasonable force to apprehend any suspect, but deadly force is constitutionally permissible only when an officer has probable cause to believe that a suspected felon poses a threat of serious physical harm, either to the arresting officer or to others. The preferable method of action on the part of a criminal attorney representing a suspect is to arrange for the surrender of their client upon a courtesy call from investigating officers. Where all parties understand that an individual is under criminal investigation and that an arrest is likely to be made in the future, a forceful arrest should be avoided at all costs. Criminal attorneys understand that it is entirely common to remain in constant communication with investigators.
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Do Not Resist Arrest
Broward criminal defense lawyers always advise that resisting any arrest is a notoriously bad idea. Under no circumstances should any individual refuse an officers command due to personal feelings about guilt or innocence. Doing so will only increase the chances of additional charges being filed such as battery on a law enforcement officer or resisting arrest with violence. Each of which is a felony.
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