Longwell Lawyers

What Are My Rights When Confronted By The Police?

Knowing your rights when confronted by the police is the first step to protecting your freedom. Police officers are charged with maintaining order and enforcing the law. Unfortunately, these same officers may at times disregard your constitutional rights to be free from unreasonable searches and seizures of your persons and effects, your home, and your car. The following are the basic rights that you should be aware of when confronted by the police.

Florida recognizes three types’ levels of police encounters. The three levels are: Read more..

What Happens When the Police Go Too Far?

by Attorney Mark Longwell

I grew up thinking of the police as “the good guys” – the hero’s we can turn to when the “bad guys” are causing trouble. As I get older, I realize that the world is not as simple. I realize that police officers are people too. Like the rest of us, most of them are good, decent, hardworking and well intentioned individuals. But also, like the rest of us, human traits such as anger, impatience, bad judgment, greed, ego and sometimes even cruelty can cause law enforcement officers to do bad things.

Lets face it, police officers have a very difficult and stressful job. They have to know the law very well and be able to apply it on the street in an instant. They often encounter undesirable people who may be intoxicated, unruly or just plain evil. They are constantly scrutinized Read more..

How Can They Just Search My Wife?

by Attorney David Gentle

My wife has a distrust of police officers that stems from an incident that happened when she was in high school. Driving home from school one day, police officers pulled her over, searched her and her vehicle for no reason. They told her afterwards that a classmate of hers was a drug dealer, and they were protecting her. No matter what their true intentions were, her rights were violated, and she was illegally searched. Had she understood her constitutional rights, she could have stopped them.

There are two separate ways a police officer can search you or your property. One is with a search warrant, the other is without. Understanding your rights is the best way to protect Read more..

Silence Should be your Golden Rule

by Attorney David Gentle

It has been said that “silence is golden.” Never has such a phrase been truer as to when it comes to protecting your rights. What you say, or what you don’t say when speaking to the police, can make all the difference in determining what may happen to you if you have the misfortune of being accused of a criminal charge. What you don’t say may be greater than what you do.

In a Court of Law, statements you make are the most damaging evidence that can be used against you. When a jury hears your own words used against you, it is hard for them not to listen. Confessions are so important that the United States Supreme Court is constantly defining and redefining what your rights are Read more..

Police Dogs v. the 4th Amendment of the U.S. Constitution

How familiar are you with the protections guaranteed to you under the 4th Amendment of the United States Constitution? Most people have heard terms associated with the 4th Amendment but may not understand how its protections apply in everyday situations. The 4th Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” and was crafted to protect the people from government action (or those acting on behalf of the government.) This means you are protected from police invasion of your person, property, or Read more..

Putting My Mistake in the Past

by David Gentle, Esq

My eighteen year old nephew told me that before he was offered a job in college his future employer went to his MySpace page to find out more information about him. How he presented himself on this website and even how his friends presented themselves made the difference of whether or not he got the job.

Many people do not realize that in this age of information there are many employers, landlords, and other agencies that will have access to mistakes you may have done in the past. One single arrest creates a criminal record, and could have devastating results to your future. A criminal record is simply created when someone is arrested and fingerprinted. What happens after that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition is also Read more..

Was My Search & Seizure Legal? (Part 2)

In part I of this series on Search and Seizure law we covered the basic elements of the Fourth Amendment and protecting your privacy. Remember the Fourth Amendment provides “the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Read more..

Was My Search & Seizure Legal? (Part 1)

Have you ever been approached by Law Enforcement and asked to consent to a search of yourself or your vehicle? Have you ever been at your home or a friend’s home when Law Enforcement knocks on the door demanding entry? You have fundamental rights when law enforcement seeks to invade your privacy by conducting a search of your person and property.

The Fourth Amendment to the U.S. Constitution restricts the power of the police to make arrest, search people and their property, and seize objects and contraband such as illegal drugs or weapons. Specifically the Forth Amendment to the U.S. Constitution states: Read more..

Surprise! You Forgot They Were Coming to Arrest You

by Attorney Mark N. Longwell

Having practiced criminal law for over 19 years, both as a prosecutor and as a criminal defense attorney, there are many questions that I am frequently asked about criminal cases. Here is one such question that I feel anyone who is accused of a crime should know.

Q: If I am questioned by the police, but not arrested, is the case against me over?

A: Probably not. In cases where the police do not witness the crime in progress Read more..

DUI – Should I Take The Breath Test?

By Attorney Mark N. Longwell

When someone first learns that I am a criminal defense lawyer who has handled many DUI cases both as a prosecutor and as a defense attorney, they often have many questions, such as: “if I’m pulled over, should I take the breath test?” Read more..