Accused of Domestic Violence in Florida? What are your rights?
When an individual faces domestic violence charges, it can have a life-altering effect if the charges are not handled strategically. If the accused is not properly prepared, he or she could face the loss of parental rights, probation, or a jail sentence. Those who have been accused of domestic violence should contact an attorney immediately. An experienced attorney has the knowledge to protect the rights of those who are accused of domestic violence.
Florida Law: Domestic Violence
In Florida, domestic violence is defined as one family or household member inflicting physical harm, which results in injury or death, on another family or household member. Domestic violence charges can include:
- Aggravated assault
- Aggravated battery
- False imprisonment
- Sexual assault
- Sexual battery
The Rights of Those Charged With Domestic Violence
If an individual is charged with domestic violence, then it is imperative that he or she remain silent and insist that you have an Attorney present before answering any questions. In Florida, if an individual admits to the accusations, then the statement could be used during trial. When an individual pleas guilty to a domestic violence charge, it will remain on his or her criminal record indefinitely. Also, depending on the final resolution of your domestic violence charge, you may not be able to seal or expunge your arrest.
Only if Police officials detain, arrest or physically take someone into custody must they advise these individuals of their rights under the U.S. Constitution’s Fifth and Sixth amendments. These rights include:
- The right to remain silent. If an individual gives up this right, anything that is said can be used against the defendant in a court of law.
- The right to consult an attorney. Furthermore, the law permits an attorney to be present at all times during questioning.
- Those who are not able to afford an attorney will have one appointed to them by the court.
Furthermore, anytime during questioning, an individual has the right to stop communicating with officials until an attorney is present.
Have You Been Accused of Domestic Violence? Contact an Attorney
The consequences of being charged with domestic violence can be life-changing. If you have been accused of domestic violence in Fort Myers, contact the Law Office of Miguel C. Fernández III, P.A. Attorney Miguel C. Fernandez is a skilled legal professional and an experienced Criminal Law Attorney that Fort Myers residents can trust!