Mr. Stewart Valencia has over 20 years of criminal trial experience, with over one hundred cases going to verdict with a judge or a jury. Mr. Valencia has extensive federal and state complex and serious felony criminal litigation experience in Miami-Dade, Broward, Monroe, and Palm Beach Counties, including homicide, conspiracy to commit crimes, Federal Hobbs Act violations, Federal and State drug trafficking, white collar crimes, burglary, aggravated battery, firearm offenses, felony drug possession, grand theft, dealing in stolen property, felony domestic violence, and felony DUI Manslaughter and serious bodily injury charges . Mr. Valencia also has extensive experience in misdemeanor charges, which include all criminal traffic offenses such as DUI, reckless driving, leaving the scene of an accident, as well as other misdemeanors such as possession of Marijuana and/or paraphernalia, simple battery, domestic violence battery, petit theft, and trespass. Mr. Valencia is a criminal trial lawyer. It is imperative in all criminal cases that the prosecution is aware that you are represented by an experienced criminal trial lawyer who will go to trial and let a jury decide your case.
The importance of having legal counsel as early as possible during a criminal investigation cannot be overstated. Law enforcement officers are specially and specifically trained to investigate crimes and obtain evidence. The average citizen often is unaware of the nuances and techniques used and are at a serious disadvantage when dealing with law enforcement without counsel. Something that the average citizen may not know is that there are specific legal rights that you may invoke so as not to incriminate yourself. A perfect example of this is an individual’s understanding of their right to remain silent and their Miranda warnings. Knowing, and more importantly; understanding and invoking these rights are critical in any criminal case. These are your Miranda warnings:
As ordered by the U.S. Supreme Court in Miranda v. Arizona, a defendant’s rights consist of the following:
You have the right to remain silent.
If you do say anything, what you say can be used against you in a court of law.
You have the right to consult with a lawyer and have that lawyer present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if you so desire.
If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is sometimes omitted).
The location of an interrogation doesn’t matter, whether it occurs at the police station or outside your house, if a person is in custody the police must give the Miranda warning if they wish to question the individual and use that information at trial. A person is in custody when he or she is deprived of their freedom of action in any significant way. If there is a doubt in your mind as to whether you are being detained, ask, “AM I BEING DETAINED, OR AM I FREE TO LEAVE”?
Knowing your rights is key, but having experienced legal counsel that is knowledgeable in the law and can effectively defend your rights is just as important. Attorney Stewart Valencia is that legal counsel.
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