Eliot J. Lupkin & Associates is a law firm committed to tenaciously protecting the rights of the people whom we serve. We firmly believe that everyone deserves knowledgeable, affordable legal representation. Our Fort Lauderdale criminal defense lawyers have 35 combined years of experience that we can put to use on your behalf. We also are dedicated to helping accident victims seek compensation, and we have over 40 years of combined experience handling personal injury matters in Broward County and beyond. Our attorneys can represent clients in both state and federal courts, and we can take a case from start to finish, advocating for your interests at each step of the process.Protecting Your Rights against the Prosecution
The word "attorney" conjures images of courtroom dramas like Matlock and Perry Mason. In fact, the role of a defense attorney is really not that different from what you see on television. Whether representing a client charged with a felony, misdemeanor, or DUI, our defense attorneys act as your representative in court, promoting your interests and making sure that your rights are protected.Know Your Rights
If you have been accused of a crime in Florida, you have the constitutional right to seek advice from an attorney, who may also represent you in any legal proceedings. A police officer often may detain a person temporarily, ask for identification, and question him or her. However, law enforcement may only search a person before an arrest if he or she reasonably believes that the person has a weapon. While you may voluntarily agree to accompany the police officer to another location, the officer has no authority to forcibly remove you before an arrest.
Before any arrest can be made, there must be probable cause that the individual has committed a crime. In some instances, an officer may arrest someone without a warrant, but in most ordinary situations an arrest will not be valid unless a warrant has been issued. Anyone who is in the custody of law enforcement must also be informed of his or her Miranda rights. This includes the right to remain silent, the right to consult with an attorney before answering any questions, and the right to have an attorney present during any police interrogation.Let Us Help You With Your Defense
There are several defenses to any criminal charge, which will vary according to the offense.
Generally, police misconduct or errors, such as an illegal search or arrest, or a failure to inform an individual of his or her Miranda rights, may lead to the exclusion of evidence obtained as a result of that misconduct.
Controlled substances that are seized as part of an unlawful search, for example, may not be used to convict a defendant of a drug offense. People charged with DUI may not be convicted solely on the basis of results from an improperly administered breathalyzer test.
Other defenses may include lack of criminal intent, self-defense, and more, depending on the specific charges. In addition, the prosecution will have the burden in each case to prove every element of the offense beyond a reasonable doubt. This means that it cannot sustain the charges if there is any plausible alternative version of events.Pursuing Compensation through a Negligence Claim
If you have been hurt in an accident caused by the carelessness of another person or business, you may be able to pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages. Personal injury claims are commonly based on the legal theory of negligence. Some common situations in which they may arise include car accidents, slip and falls, medical malpractice, and encounters with defective products.
To establish a negligence claim, a plaintiff must prove that the defendant owed the victim a duty of care, the defendant breached that duty, the defendant’s carelessness caused the accident, and actual damages resulted. The standard of care usually is defined as the precautions that a reasonable person would have taken in similar circumstances, although it may vary in some specialized contexts. Personal injury claims are governed by a strict statute of limitations, and they generally must be pursued within four years of the accident.Consult a Criminal Defense and Personal Injury Lawyer in Fort Lauderdale
If you are facing charges, you should not hesitate to seek guidance from a knowledgeable criminal defense lawyer at Eliot J. Lupkin & Associates. Our Fort Lauderdale injury attorneys also assist people who have been hurt in an accident. We represent residents of Pembroke Pines, Hollywood, Coral Springs, Davie, Pompano Beach, Plantation, Sunrise, Tamarac, Weston, and Miramar, as well as other cities throughout Broward, Palm Beach, and Miami-Dade Counties. To discuss your case with a seasoned attorney, call Eliot J. Lupkin & Associates at (954) 767-9200 or contact us online for a free consultation.