Seizure Archives - The Law Offices of Travis Koon, PLLC

Miranda Rights

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Seizure | No Comments
DUI

Miranda Rights

If you ever watched a movie or TV show that showed an arrest, you have heard the Miranda Rights being read.  We all know the basics of it, but let’s look at this warning a little more, and dispel some of the misconceptions.

 

The Miranda Warning is simply and explanation of the person’s rights that are given before any interrogation can begin.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

If a person does not understand these rights, then it is best to speak up and say so, have it explained.  But once it is understood, my best advice is to politely stop talking.  Do not explain anything or make any remarks that may be used against you.  Stop talking and call an attorney.

 

In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman, he had a prior record as being a peeping tom.  He confessed to the crime but soon recanted saying he was forced and coerced into confessing.  He was found guilty, but the ACLU picked up his case and appealed it.  In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated.  The Fifth Amendment to the United States Constitution covers several issues, which include the right to due process, double jeopardy, but significant to this case because it protects the individuals from self-incrimination.  Miranda was re-tried and once again found guilty – but the Miranda Rights were born.

 

An arrest can occur without the suspect being Mirandized, if the police later decide to question the suspect, the rights will be read at that time.  A person may still be asked common information such as name and age, and can be searched, for the safety of the officer. 

 

It is a myth that if a person is not read their rights that they will not be found guilty of any charges.  It only means that the self-incrementing confession may not be used against them; it has nothing to do with protecting them against the punishment as a whole.

 

If you are arrested and read these rights, please take the advice and do not say anymore.  Call us immediately at The Law Offices of Travis Koon.  We are criminal defense attorneys in Florida and can speak with you about your case.  We are located throughout Florida with offices in Miami, Lake City, and Gainesville.  Before you tell your side of the story, always call and attorney and tell it to us first.  We are here to help you through this trying time.

Police Stop

What does Innocent Until Proven Guilty Mean in Florida?

Posted by | Assault, Attorney, Criminal Defense, Drug Crimes, DUI, Seizure, Stop & Frisk, Uncategorized | No Comments

Innocent Until Proven Guilty.

The justice system was built upon the theory that all people are innocent until proven guilty.   In order to convict a person the prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the crime.  This is all good and well, unless a person is found guilty when they are truly innocent.

 

It is scary to think that this happens at all, much less more than we like to think.  Some feel that knowing about all the wrongful convictions can undermine the public’s confidence in the judicial system.    In 1996, C. Ronald Huff, Arye Rattner, and Edward Sagarin wrote a book that estimated about 10,000 people were in jail for crimes they didn’t commit[1].

 

Take William Jackson for example; a Columbus, OH man who was found guilty of raping several women in the 1980’s.  After serving 5 years, it was found that a physician was responsible for the crimes.  The physician was similar in appearance and had the same last name.[2]

 

So how does this happen?  How are this many innocent people found guilty?  Huff’s research found that many of the convictions were based on eye witness’s wrong identification, followed by perjury and the public pressure to solve cases can result in overzealous police officers.

 

In an instance such as this, it is more important to have an attorney on your team.  The attorneys at The Law Office of Travis Koon understand that it is possible for a person to be at the wrong place at the wrong time.  We fight for our clients start to finish, our goal is leave no rock unturned and to provide our clients with the best defense under the law.

 

Anytime you are being charged with a crime, you need an attorney by your side.  Don’t try to navigate the court system alone, let those who have studied and understand all aspects of the law fight for you.  Our attorneys at The Law Office of Travis Koon have the experience in the courtroom and the negotiation table that you deserve.  Visit one of our locations at either Lake City, Gainesville, or Miami.  We are here to fight on your side.

 

Travis Koon

Attorney

386-597-0000

352-729-1211

www.koonlegal.com

 

DUI

Arrested for DUI? Seeking a DUI Attorney in Lake City, Fl.?

Posted by | Attorney, Criminal Defense, DUI, Seizure, Stop & Frisk | No Comments

Arrested for DUI? Do you have to be driving to be arrested for DUI in Lake City or Gainesville, Florida? 

Have you been arrested for DUI in Lake City or Gainesville, Florida? Can a person be arrested for DUI when they are not driving the vehicle?  I know this may sound like a silly questions, but the surprising answer is YES!  There have been several cases of people being arrested for DUI when they are actually not driving their vehicle.

 

To be arrested for a DUI (Driving Under the Influence) the defendant must be found with a blood alcohol content over the legal limit, and must be in physical control of the vehicle.

 

Notice it does not say the person must be driving a vehicle.

 

This is a situation in which a knowledgeable criminal defense attorney is absolutely needed.  The attorney can argue the fact that although a person was intoxicated, there must be proof of intent to drive or have recently driven the vehicle. 

 

Having physical control of the vehicle means the person must be physically in or on the vehicle, and have the capability to operate the vehicle.

 

In the Florida case of Griffin v. State, the guilty charge of DUI was upheld for several reasons.  The engine was off, but the keys were in the ignition, the lights were on and the foot brake was pressed (known because the rear brake lights were illuminated).  But perhaps the main indicator was that the car was stationary in a traffic lane facing the opposite direction of the flow of traffic.

 

It is highly recommend that a person not try to ‘sleep it off’ in their vehicle after a alcohol has been consumed.  But if you must sleep in your vehicle after drinking, here are some recommendations:

 

  • Do not have the keys in the ignition or in your pocket.  Put them on the passenger side tire; put them in the trunk if you have a trunk release, or somewhere not easily available to you.
  • Do not sit in the driver’s seat.  Sleep in the back seat if possible (without the keys on you).
  • Do not have open containers in the vehicle.  Do not even have cups with the smell of alcohol near you.
  • Do not move the vehicle at all.  Not to straighten it out, not to move it out of the way of another vehicle; do not move it at all.
  • If the police stop to check on you, always be polite and have your ID available to show.

 

If charged with a DUI, call a reliable criminal defense attorney as soon as possible; this is not something that will go away on its own.  Being found guilty of a DUI can have immediate, severe, and even long lasting effects to your permanent record.  At The Law Offices of Travis Koon, we listen to all the facts, then work to reduce the charges as much as possible.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

 

Police Stop

Did the Officer Illegally Search or Stop & Frisk you?

Posted by | Criminal Defense, Drug Crimes, DUI, Search, Seizure, Stop & Frisk | No Comments

When Does a Frisk Become a Search and Seizure?

This article is simply a brief description; a credible attorney should always be consulted in any situation. For assistance in legal situations call The Law Offices of Travis Koon, our criminal defense attorneys can determine if your rights were unlawfully infringed upon.
It almost seems common knowledge that a law enforcement officer is within their legal rights to frisk (a limited search) a person for weapons (for the safety of themselves and those around them) during temporary detainment – such as a traffic stop. This is a common misconception; law enforcement is only allowed to frisk an individual when they have ‘reasonable suspicion’ of a weapon.
The United States Supreme Court ruled in 1968 Terry v. Ohio:
Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, …he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.
This shows that in order to frisk a suspect, two requirements must be met:
• The suspect must be legally detained, meaning the detention must be based upon reasonable suspicion of a criminal activity.
• There must be reasonable suspicion that the person detained is armed and dangerous. Reasonable suspicion includes the totality of the situation – a bulge in clothing, behavior, the nature of the suspected offense and even the time and location of the stop .
The next question is to what extent is the officer allowed to frisk the detained person. The restraining officer is allowed a limited search of the outer clothing. A ‘limited search’ consists of a pat down of the outer clothing, then if the officer detects what he/she believes to be a weapon may they reach into the clothing to remove the object in question.
But what happens if the object in question is not a weapon, but perhaps an illegal controlled substance? If the officer believes the questionable object may be a weapon but turns out is in not, but still an illegal substance, as long as it was a lawful frisk, the contraband is admissible in evidence. But if the contraband was found by manipulating the outer clothing by squeezing or sliding the contents in the detainee’s pocket, then it is considered an invalid seizure, and any contraband found is invalid as well – as ruled in Perkins v. State .
Many laws are unquestionably confusing, and a person should not be expected to try to figure them out alone. It is in your best interest to hire a strong criminal defense attorney, such as those at The Law Offices of Travis Koon, who will guide you through the court systems and work hard to ensure your legal rights were maintained.