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Each lawyer in this firm has more than 25 years experience practicing criminal defense in Gainesville, Florida and surrounding areas, including Alachua, Levy, Bradford, Union and Gilchrist Counties.

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1800 N. Main Street
Gainesville, FL 32609
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Subscribe to this list via RSS Blog posts tagged in 6th Amendment

ARE YOU REQUIRED TO RESPOND WHEN LAW ENFORCEMENT ASKS YOU A QUESTION?

Recently, I have heard from several people that they have been told by police officers that they had to answer an officer’s questions or face being arrested for “obstructing an investigation”? Is this true? In general, an officer may ask a lawfully detained person to identify him or herself.  As with most legal questions, the full answer is not absolute and depends on specific circumstances, but, in general, it is not true that you must answer further questions, and an arrest would be unlawful. The law is far from crystal clear, and swirls around the definition and interpretation of the right to remain silent. A new case from the Florida Supreme Court has changed the law within our state as to the consequences of silence. Skip to the bottom for the short answer; read on for an explanation of how you get there…

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