THE FIVE ADVANTAGES IN HIRING A CRIMINAL DEFENSE LAWYER EARLY IN ANY ARREST OR INVESTIGATION

Cases that could be quickly disposed of by persuading prosecutors to no file the charges may become much more difficult to defend if a Clearwater criminal defense attorney is not consulted soon enough. In criminal cases it's always vitally important to have an advocate on your side as soon as possible. Your lawyer will demand discovery, conduct an intense investigation and secure any evidence that undermines the investigation or arrest.

Ready for a Police Chase?

When avoiding an arrest or investigation of crime it's important to note that law enforcement officers do not have to tell you that you are the target of their investigation and that deception is considered an effective police tool so that officers do not always have to tell the truth when questioning suspects about a crime. Yet it's during the initial investigations of officers and prosecutors that the best criminal defense lawyers lay the groundwork for cases to never proceed any further than a mere investigation.

Here are the best reasons to consult a defense lawyer as soon as you are being investigated and before charges are filed by prosecutors.

1.  A defense lawyer will make certain that no evidence is destroyed, misplaced or forgotten by prosecutors. Prosecutors in Tampa Bay, Florida conduct their own investigation of the facts and circumstances of criminal cases before making felony or misdemeanor filing decisions even if police have made an arrest. In fact, under Florida law, for prosecutors to file felony charges against a defendant they must conduct an investigation which typically includes placing police officers or other witnesses under oath. 
2. This short window of time before charges are filed by prosecutors is an opportunity for the defense to present prosecutors with the best reasons why the case should be no filed. Because no filing decision has yet been made, prosecutors are open to at least listening to other interpretations of the facts and circumstances of the case. A number of years ago while I was a prosecutor in Clearwater, Florida, I appreciated knowing that the case was weak before rather than after committing the resources, time and commitment to prosecuting a case. Sometimes evidence that may seem reliable to a prosector proves to be unreliable when facts establish that the witness is mistaken. For example, unreliable eye witness testimony has often been shown to weigh too heavily with prosecutors and judges making a mockery of justice and fairness in many criminal cases in the United States.
3. Once the prosecution files a criminal charge against a defendant the apparatus of the Florida criminal justice system becomes committed to a successful outcome of either a guilty plea or guilty verdict at trial in the case. This momentum toward a result of guilt is difficult for the office to resist because prosecutors will not want to admit that they botched their initial investigation. Therefore, waiting to present evidence at a later time than the initial investigation will often result in the prosecution 'doubling down' by adding addition criminal charges. Further, prosecutors will do their best to win the case by demanding that law enforcement officers conduct further investigations with a view of supporting the failing case.
4. Defense counsel should also be consulted before any statements are given to law enforcement to determine if a statement from a Defendant is apt to be useful in a future prosecution. Often law enforcement officers gather as many statements as possible from a defendant in hopes of finding inconsistencies or admissions of misconduct. In Tampa Bay, Florida law enforcement officers rarely record their conversations with Defendants making the law enforcement officers the only reliable witnesses as to what was actually said. Therefore confessions are often very damaging even thought they have often been found to be an unreliable indication of actual guilt.

As you can see it's essential that a defendant seek immediate help from an advocate who understands the criminal justice system, law enforcement as well as how prosecutors conduct initial investigations in criminal cases in Tampa Bay, Florida.

OFFICERS WHO LIE IN POLICE REPORTS OR UNDER OATH SHOULD BE DISCIPLINED & PROSECUTED FOR PERJURY

If a law enforcement officer deliberately gives false evidence under oath the officer should not only be disciplined within the force, but lose his job. Shouldn't that officer also face appropriate criminal charges? 

Officer Pinocchio smells Marijuana

Yet in Florida it's very rare to find prosecutors willing to charge police officers with perjury. The problem often originates in the first incident reports created by officers after arrests are made. 

Prosecutors see that officers make many factual errors from the very beginning of each case. After all, no one is perfect. Nor could one reasonably expect an exact rendition of facts. 

Yet Clearwater criminal defense attorneys often find that the initial incident reports are replete with factual errors that place those arrested by officers at a disadvantage while helping police make easy arrests. Too often police are willing to break or bend the law based on their mere suspicions of wrongdoing. And officers know that most folks whom they arrest do not have the means to fight the criminal system in a quest for justice.

Police first learn to bend the truth to become effective law enforcement officers. In fact, while I was a prosecutor it was clear that officers were routinely taught that there was no need to be truthful to defendants during investigations. Further, officers are told that if they find evidence of crime they should exploit the discovery by searching for further evidence. 

Here in Tampa Bay, Florida officers are taught that if they smell marijuana they can search a vehicle or even someone's home without a search warrant. Naturally every officer too lazy to get a proper warrant somehow smells marijuana even when it's not at the crime scene. No wonder the typical officers' nose is so very long, as for centuries they've been bred for smelling efficiency mixed with the wooden bearing of Pinocchio.

I had a client who was charged with trafficking in methamphetamine because the arresting officer searched the vehicle without a warrant after smelling marijuana. But miracle of miracles there was no marijuana in the car at all only a hell of a lot of methamphetamine. Was the Tampa officer lying? Here's his explanation:

The car was clearly being used for trafficking drugs. The distinct odor of marijuana I smelled came from the trunk area of the vehicle. It's clear that the trunk area must have been where the marijuana had been stored. 

The Defendant obviously had just made a delivery of the marijuana probably only minutes before I made the stop of the vehicle for a bad tag.

With a little prodding he'd have happily divined the quantity in each bag, the grade of marijuana and it's unique hallucinogenic affects. 

In another case which the state attorney's office no filed and dismissed, officers keen sense of smell helped them gain entry into a home where sure enough after turning the house inside and out they found that marijuana - one lone unlit joint in the bedroom far from the front door. Because the officers never lied under oath about the marijuana they were neither disciplined nor were they charged with perjury. The officers should also be disciplined.

It's not enough when cases that originate based on a lie are no filed and dismissed. What can be done to correct poor police conduct? What is the best remedy that would require reliable, honest police investigations?

Here's a solution that would bring justice to the criminal system. Every officer who writes a report must not only sign the report, but sign a sworn affidavit that everything in the report is accurate, honest and fair to the best of his knowledge. 

Law enforcement officers who are found to have violated the affidavit would be disciplined, fired and then charged with perjury. The threat of perjury charges based not only on sworn testimony under oath during jury trials, but also on investigations themselves as defined in police reports would go a long way toward solving the problem of dishonest law enforcement officers. The role of officers would be redefined as having the foremost duty of always abiding by the law.