WILLIAM R. WADE
Mr. Wade is a graduate of Centre College of Kentucky, with a B.S. degree in Economics and Management, and received his J.D. from Cumberland School of Law in 1986.
Should I say NO?
Do you think you don’t need a criminal lawyer because of what your friend told you?
Do you think you don’t need a criminal lawyer because the state attorney said you don’t or because law enforcement officer told you you didn’t?
The answer is you do!!
The 5th amendment to the constitution guarantees every other citizen the absolute right not to be forced to incriminate yourself.
That means when asked to search your car: Just say NO.
When asked to search your house without a warrant: Just say NO.
When asked to submit to a Breathalyzer: Just say NO.
When asked to come down to the precinct to give a statement: Just say NO.
CALL ME. I have been defending individuals for 30 years and as a result have handled thousands of felonies and misdemeanors and I have only represented the accused, the over charged and the falsely accused. it is my strong belief that the role of a criminal defense attorney is to make sure the State Attorney doesn’t over charge, to make sure the State Attorney reveals what evidence they have against my clients and to always be candid with my clients about options before them. I have tried all types of cases in all courts and am willing to help you with every step of the process from arrest or indictment through trial. You can trust that I will be honest and blunt if necessary in explaining all your options concerning your case.
Frequently Asked Questions
You should never agree to meet with any law enforcement to answer questions without your attorney present. Law enforcement officers are employed to make arrests. If they request you to come in voluntarily and answer questions, they are investigating you and you should never talk!
There are processes available for prosecutors and police to ask you questions with legal protection to protect you from this information being used against you. That process is immunity and can only be conferred by the prosecutor. If you are requested to voluntarily answer questions you have the absolute right to refuse, JUST SAY NO and call an attorney!
You should politely but firmly, JUST SAY NO! Florida law and specifically Florida Statute 316.1932 commonly known as implied consent, requires you to submit to a breathalyzer test if a law enforcement officer has a probable cause to believe that you are driving or in actual physical control of a motor vehicle under the influence of alcohol.
So, you are already under arrest before the test is requested and regardless of the result of the test, you are not going to be un-arrested and the test results are admissible to convict you. JUST SAY NO!
You should immediately consult an attorney in person and discuss that facts that make you believe you are suspected of a crime. The same as in medicine, an early diagnosis and an appropriate course of treatment is the best way to treat the ailment.
I have often been asked, “What can I do to keep from being arrested?” The short answer to this question is to not provide evidence against yourself and assure your arrest. DO NOT TRY TO EXPLAIN YOUR INNOCENCE!
The majority of the time a decision to arrest you will have already been made before you are ever contacted by a law enforcement officer. The only reason you are being contacted is to give you the opportunity to worsen your defense. Law enforcement officers are trained to allow you to waive your rights and make you into the best witness for the prosecution. Jails and prisons are full of people who were too smart to meet with an attorney.
NO, while an attorney cannot keep you from being arrested if there is a probable cause to believe that you have committed a crime, an attorney can advise you on how to keep an arrest (probable cause from becoming a conviction (beyond a reasonable doubt)?
Politely say that is fine with me! The hateful truth is that the law does not require nor encourage a law enforcement officer to determine the truthfulness or correctness of any complaint.
If someone is willing to swear to facts that amount to a crime that is enough to establish probable cause for you to be arrested and your version of the facts are not required to be considered. Giving a statement of any kind without consulting an attorney is a fool’s game!
Another hateful truth is that a law enforcement officer can legally lie to you all day long to try to get you to incriminate yourself and if you talk or provide other evidence that incriminates you it is your burden to bear.
Your answer should be no. The next question then will probably be, ‘Do you mind if I search?’ Your answer should be ‘I will not consent to a search.’ Regardless of what is in your car, it won’t get you in trouble unless it is discovered and it can’t be discovered unless it is searched! The officer does not have the required probable cause to search or neither of these baiting questions would be asked in the first place. Policemen do not ask permission to do what they can already legally do! If they are asking it is because they can’t do it without your permission! JUST SAY NO!
You should politely reply that you are more than glad to wait with him. If they have probable cause they can search without your consent. If they are asking for consent or threatening, they don’t have probable cause and if they don’t and search anyway, it will be suppressed later.
Absolutely NOT! All calls from jails and correctional facilities are recorded and can be used as evidence against you!
You should politely refuse to talk to them. A law enforcement officer is legally permitted to record you without your consent in the furtherance of an investigation and worse can testify to what they claim you said even without a recording.
Probably find some new friends or get yourself adopted into another family. You have no privilege against self incrimination in this instance and if the person is acting on behalf of law enforcement, these conversations can be recorded without your permission. Worse yet, you are putting your friend or family member in the possible position of being questioned about what you told them and them being forced to testify against you.