If You Are Arrested In Florida
            
            What are your rights after your arrest?
            
            What rights do you have when questioned by police?
            
            Should you make statements to law enforcement?
            
            Do you have a right to an attorney?
            
            Can a law enforcement officer detain you without arresting you?
            
            Can an officer use force when making an arrest?
            
            What procedures are usually followed when you are arrested?
            
            What happens to personal property when arrested?
            How are you released from jail?
            
            YOUR RIGHTS AFTER  YOUR ARREST?
            
            You have a right to know the crime or crimes with which you ave been charged. You have a right to know the identity of the police officers who are dealing with you. This is your right to statute and by custom.
            
            You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon after you are brought into the police station as practicable. The police have a right to complete their booking procedures before you are allowed to use the telephone.


            WHAT RIGHTS DO YOU HAVE WHEN QUESTIONED BY THE POLICE?
            1.    You have the right to remain silent. If you choose to speak, anything you say can be used against you in court.
            2.    If you decide to answer any questions, you may stop at any time and all questioning will cease.
            3.    You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.
            Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver  of a constitutional right, weigh your decision carefully and consult with an attorney.
            
            If you cannot afford a private lawyer, you should advise the  judge of this fact at your first appearance or as soon after that as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney.


            SHOULD YOU MAKE STATEMENTS TO LAW ENFORCEMENT?
            NO. If you are arrested in Florida, the decision whether to  answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you. If you are  offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to speak to one immediately.
            DO YOU HAVE A RIGHT TO AN ATTORNEY?
            YES. If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender, a lawyer, is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your CONSTITUTIONAL right to remain silent. Asking for an
attorney should stop all questions by the police.
            CAN A LAW ENFORCEMENT OFFICER DETAIN YOU WITHOUT ARRESTING YOU?
            YES, WITH LIMITATIONS! Under Florida law, based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.
            
            If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The  officers must return to you any unlawful object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.
            
            The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an reasonable suspicion that you are involved in a crime. At the conclusion of this temporary detention the officer must either arrest you or let you go.
            
            If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain  you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer's presence. Under Florida law, there are a few specified misdemeanors for which an arrest may be made
without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting,  carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.
            CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST?
            The officer may employ all reasonable and necessary force to  overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.
            
            Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.
            
            Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest
possible time.
            WHAT PROCEDURES ARE USUALLY FOLLOWED WHEN YOU ARE ARRESTED?
            1.    The officer will take you to a police station.
            2.    You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by  the grand jury.
            3.    You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with  the crime with which you are charged, to put on certain wearing apparel
 or to give a sample of your hair. You should ask to have your attorney
present during any of these procedures. You have an absolute right to
counsel, if you are asked to participate in a lineup after you have been
 formally charged by the prosecuting attorney or indicted by a grand
jury.
            4.    You also may be required to be fingerprinted and photographed.
            5.    You will be arraigned at a court session or your attorney  will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest,  a sentencing date will be set, generally after the court has received a
 pre-sentence investigation report from probation and parole.
            WHAT HAPPENS TO PERSONAL PROPERTY WHEN ARRESTED?
            If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory. At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case may be returned to you, subject to your criminal status. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you.
            HOW ARE YOU RELEASED FROM JAIL?
            Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances. You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail.
            
            If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of  your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community, financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled.
            (Reprinted from www.FLABar.org ).


DUI PENALTIES, ZFINES AND COURT COSTS

First DUI Conviction Blow under .15
Statutory Penalty
Max Jail Time    6 months
DL Suspension    6 months minimum 1 year maximum
Hardship License    After DUI school
Community Service    50 hours
Probation    Up to one year
Fines    $500-$1000
Vehicle Impoundment    10 days
DUI School    Mandatory

First DUI Conviction Blow .15 or higher or with minor in car
    Statutory Minimum Penalty
Max Jail Time    9 months
DL Suspension    6 months minimum 1 year maximum
Hardship License    After DUI school
Community Service    50 hours
Probation    Up to one year
Fines
    $1000-$2000
Vehicle Impoundment    10 days
DUI School    Mandatory

Second DUI Conviction w/5 years of First Blow under .15
    Statutory Minimum Penalty
Max Jail Time    9 months
Mandatory Jail Time    10 days
DL Suspension    5 years mandatory
Hardship License    After 1 year
Community Service    50 hours
Probation    Up to one year
Fines
    $1000-$2000
Vehicle Impoundment    30 days
DUI School    Mandatory

Second DUI Conviction w/5 years of First Blow .15 or higher or with minor in car
    Statutory Penalty
Max Jail Time    12 months
Mandatory Jail Time    10 days
DL Suspension    5 years mandatory
Hardship License    After 1 year
Community Service    None
Probation    Up to one year
Fines
    $1000-$2000
Vehicle Impoundment    30 days
DUI School    Mandatory

Third DUI Conviction w/5 years of First Blow under .15
    Statutory Penalty
Max Jail Time    12 months
Mandatory Jail Time    30 days
DL Suspension    10 years mandatory
Hardship License    After 1 year
Community Service    None
Probation    Up to one year
Fines
    $1000-$2000
Vehicle Impoundment    30 days
DUI School    Mandatory

Third DUI Conviction w/5 years of First Blow .15 or higher or with minor in car
    Statutory Penalty
Max Jail Time    12 months
Mandatory Jail Time    30 days
DL Suspension    10 years mandatory
Hardship License    After 2 years
Community Service    None
Probation    Up to one year
Fines
    $1000-$2000
Vehicle Impoundment    30 days
DUI School    Mandatory

Other DUI offenses include:
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

    DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
    Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
    Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Attorney Chandler also  represents individuals charged with criminal offenses including:

DUI Driving under the influence
BUI Boating under the influence
Traffic Cases Driving with Suspended License
Drug Cases prescription drugs, marijuana, cocaine
Felonies and Misdemeanors
Juvenile Delinquency Cases
VOP’s Violations of Probation

POST CONVICTION MOTIONS: 3.850
3.800
WARRANTS
Providing strategic advice on surrender, the bond process, the withdrawal of
warrants, and the  resolution of  underlying charges.
BOND HEARINGS
Providing representation at hearings to set or reduce bond, including the
preparation of witness testimony and the coordination of various bond
options.
PROBATION VIOLATIONS
Providing strategic advice  to minimize the impact of a violation, as well as representation for plea bargain and Evidentiary Hearings.  Causes of violations differ from
 “technical” to “new charges”; a difference which can affect the defensive strategy to be applied.


DOMESTIC VIOLENCE
Providing strategic advice to protect the client’s freedom upon release from
custody, as well as providing representation at trial.  The charge of domestic violence is often misused by friend or spouse, as leverage to obtain an advantage in related litigation.


RESTRAINING ORDERS
Providing defense in civil court to what are often dishonest and damaging  allegations of abuse.  Restraining orders are often linked to criminal allegations of assault and battery and represent a threat to a person’s reputation and freedom.

SEXUAL OFFENSES
Providing strategic advice and trial defense to what is one of the most damaging
allegations in criminal law.  Punishment for felony sexual offenses frequently includes incarceration in the Dept. of Corrections and can have a profoundly detrimental effect on a person’s reputation.

DRUG OFFENSES
Providing strategic advice for potential rehabilitative/treatment alternatives to incarceration.  The defense of drug offenses often involves the application of laws related to search and seizure, which if successful, can result in the dismissal of charges.


ASSAULT & BATTERY
Providing investigative and trial representation for the charges of Assault & Battery.  Felony punishment of these charges can include incarceration and should be taken seriously.

BURGLARY & THEFT
Providing strategic advice for alternatives to conviction and incarceration, as
well as providing representation at trial.  Burglary of a residence is automatically punishable by imprisonment in the Dept. of Corrections, and therefore presents a significant threat to freedom.

RECORD SEALING & EXPUNGMENT
Providing technical assistance with the application process, involving both the
Fla. Dept. of Law Enforcement and the court system.  The sealing or
expungement of criminal records offers an excellent opportunity to guard a person’s reputation from public view.


MISDEMEANORS & FELONIES
Providing representation in both misdemeanor and felony  courts on a wide variety
 of criminal charges.  This includes representation in traffic, county and circuit courts, throughout the South Florida, including Broward, Dade and Palm Beach Countoes..


JUVENILE & ADULT
Providing strategic advice for rehabilitative alternatives to adjudication and
commitment as a juvenile offender.  Juvenile offenders are being certified for prosecution as adults at an alarming rate.  All crimes, misdemeanor and felony, are represented at both the adult and juvenile levels.

                  
    
    
    



   

No single element is more crucial in creating a successful relationship between a client and a law firm than the quality of the service performed by the professionals involved. "Quality," of course, is expressed by key characteristics such as knowledge, skill, experience and dedication. In that sense, it is an intangible. An expression of quality is strategic problem solving which takes the form of expert legal counsel and, when necessary, aggressive court action.

The Law Office of Edward J. Chandler, P.A. offers free initial consultations.He represents those under investigation or arrested for Federal and State crimes and will take your case to trial if necessary.He will file necessary pre-trial motions such as a motion to suppress a search,evidence or statements made in violation of your constitutional rights, and can file a motion to dismiss the charges.

AGGRESSIVE EXPERIENCED CRIMINAL DEFENSE

Edward J. Chandler, Esq. is a dedicated legal professional well-versed in criminal law since 1991 in the State of Florida and Federal court.  He brings his legal experience to the table to fight for you. This gives the Law Office of Edward J. Chandler, P.A. an edge when dealing with complex legal matters.
Whether you are looking at 6 months in the county jail or life in prison, you need an experienced trial attorney on your side.

Don't waste your money on an attorney without the experience or the courage required to help you get the results you need and deserve for your case. Ask the other guys about how much experience they really have, then give attorney Edward J. Chandler a call at 954-788-1355. Edward J. Chandler, Esq.  has 26 years experience as a trial attorney and will tell you the truth about what he can (or can not) do to help you.
His goal is to represent his clients, as he would want to be represented, always putting their interests first and diligently working to fully understand and serve their needs. In short, to do whatever it takes for the successful resolution of their cases.
In criminal cases my fees are based on the seriousness of the charges (felony or misdemeanor, prior offenses, etc), where the case stands, and the
amount of work and court   dates we anticipate.
For experience and sound legal counsel, call the professionals at The Law Office of Edward J. Chandler, P.A. today!

Edward J. Chandler, Esq. has been practicing criminal law in Florida since 1991.

FEES: In criminal cases my fees are based on the seriousness of the charges (felony or misdemeanor, prior offenses, etc), where the case stands, and the amount of work and court dates we anticipate.I usually charge flat fees, so you won't have any surprises. I will take credit cards if that makes it easier for you. If you have special circumstances or needs, a payment plan is possible.I work in courts in Broward County, Dade County and Palm Beach County. Fort Lauderdale, Miami and West Palm Beach.


FEDERAL CRIMINAL DEFENSE: Facing federal charges is a stressful experiences, even with one of the best Federal Criminal Defense Attorneys in Florida at your side. By the time you realize that you are the target of federal criminal investigation, the government has already built a strong case against you. The Feds and its criminal investigative agencies, DEA, FBI, Homeland Security, and the Treasury Department,  have almost unlimited material and human resources to prosecute their cases. Federal prosecutors obtain conviction in more than 95 percent of federal criminal trials! The U.S. sentencing guidelines, although not mandatory anymore since Booker, are still used in the sentencing process and the guidelines are harsh.  The federal criminal justice system does not usually provide for parole. In most cases, convicted individuals will serve most of their sentences except the last six months in a half way house. All these issues make defending against federal charges more complex. I can help and as your attorney who may impact the government’s case by various strategic and legal procedural methods to gain an advantage possibly in a motion for suppression of evidence, and possibly a case dismissal, reduction of charges, or a favorable plea bargain. I am prepared to take it all the way to trial if necessary.


Your chances of a successful outcome of your case depends on how soon I get involved as your lawyer. You should be represented as soon as you discover that you are under investigation, or as soon as possible after your arrest. If you are a target of grand jury inquiries or federal investigation, I can help. I can handle all federal criminal charges including:     * Federal Drug Crimes     * Firearms Crimes     * Bank Fraud Crimes     * Wire Fraud Crimes     * Accounting Fraud Crimes     * Bankruptcy Fraud     * Embezzlement     * Forgery     * Tax Evasion Crimes     * Insurance Fraud     * Money Laundering Crimes     * Mortgage Fraud Crimes     * Identity Theft Crimes     * Health Care Fraud Crimes     * Mail Fraud Crimes     * False Statements     * Perjury Crimes     * Computer Crimes     * International Extradition     * Federal Sex Crimes, including pornography charges     * Federal Import-Export Crimes     * RICO Crimes


CALL TODAY FOR A FREE CONSULATION: Law Office of Edward J. Chandler, P.A. 708 E. Atlantic Blvd. Pompano Beach Fl 33060  Tel: (954) 788-1355 ejcflalaw@gmail. com

CASES WE CAN HANDLE FOR YOU


 Florida Federal and State Criminal Law Practice

  •      Drug Charges
  •      DWI & DUI
  •     Sex crimes
  • Felonies
  • Seal or Expunge Record
  • Federal Criminal Defense 2255 Motions
  • DWI & DUI
  • Burglary
  • Robbery
  • Domestic Violence
  • Child pornography
  • Possession of Cocaine
  • Oxycodone Trafficking
  • Selling or manufacturing
  •  Wire Fraud
  • Crimes of Violence
  • Theft
  • Criminal Mischief
  • Forgery
  • Identity Theft
  • Vehicular Assault
  • Homicide/Manslaughter
  • Criminal Mischief
  • Arson
  • Kidnapping
  • Strangulation
  • Traffic violations
  • Suspended License
  • No Valid DL
  • Domestic Violence and Battery
  • Shoplifting
  • Harassment
  • Fighting/Disorderly Conduct
  • Cruelty to Animals
  • Possession of Marijuana/Paraphernalia.
  • Weapons charges
  •   Federal Criminal Trials
  •             State Felony Trials
  •             Drug Trafficking Cases
  •             Conspiracy Cases
  •             RICO Cases
  •             Health Care Fraud
  •             Bank Fraud
  •             Money Laundering
  •             Security Violations
  •             IRS Violations
  •             Federal Criminal Trials
  •             State Felony Trials
  •             Drug Trafficking Cases
  •             Conspiracy Cases
  •             RICO Cases
  •             Health Care Fraud
  •             Bank Fraud
  •             Money Laundering
  •             Security Violations
  •             IRS Violations
  •             White Collar Crime
  •             Asset Forfeiture
  •             Grand Jury Representation
  •             Business Fraud and Theft
  •             Battery
  •             DUI
  •             Grand Theft
  •             Battery on a LEO
  •             Burglary
  •           
  •             White Collar Crime
  •             Asset Forfeiture
  •             Grand Jury Representation
  •             Business Fraud and Theft
  •             Battery
  •             DUI
  •             Grand Theft
  •             Battery on a LEO
  •             Burglary      

           

   
Choosing The Best Criminal Attorney For Your Case

Anyone facing an allegation that they have violated state or federal law needs a strong and knowledgeable criminal defense attorney they can respect and trust. Money, jailtime, and even someone's life may be on the line and a criminal lawyer has to be trusted to fighthard for his client's best interests.
Edward Chandler is dedicated to helping people who are facing criminal authorities in arrests, allegations, investigations, trials, or appeals. He is a criminal defense lawyer who wants what is best for each client, and works hard to find a resolution that will most likely help his client to erase the past and begin a new future. Time and again, he has gained dismissals, acquittals and reductions for his clients.

Before deciding on the right criminal defense lawyer for your case, you should talk with the attorney and get a feel for how you will work together. There's no bond like that between a criminal defense lawyer and his client, and deciding who to hire as your criminal defense attorney may be the most important decision of your life.