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 place 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 articulable 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 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 attempted to steal goods for sale. Under such circumstances a 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.
Joffe Law, PA
Miami Criminal Attorney
Representative case results include:
Latest Verdict: Woman in Sebring, FL facing 20 years sentence on first degree felony, theft over $100,000 for her alleged complicity in diverting over $1,000,000 in assets from medical office. Mr. Joffe convinced prosecutor to use client as cooperating witness and and not charge her with offense that exposed her to 20 years state prison.
Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case
As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.
David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.
Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.
State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.
Male Charged with Mortgage Fraud Gets No Prison Time
Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!
20 year old female Gets Reduced Sentence for Drug Charge
Charges Dismissed on Battery of a Law Enforcement Officer
Ex-banker not charged with theft of goods through interstate commerce
Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine
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