The moment law enforcement begins investigating you—even before formal charges—your constitutional rights face attack. Most people learn this too late. By the time they hire counsel, they've already waived critical protections through statements to police, consent to searches, or cooperation with "routine questions."
Constitutional Rights Only Matter If Enforced
You have the right to remain silent. You have the right to refuse searches. You have the right to counsel. These aren't abstract principles—they're tactical advantages that disappear the moment you speak to police without an attorney present.
Police and prosecutors know most people don't understand their rights. They know suspects will "explain their side of the story." They know targets will consent to searches "because I have nothing to hide." They know investigation subjects will answer "a few quick questions" without counsel. Every one of these actions waives constitutional protection you can't reclaim.
When to Hire Criminal Defense Counsel
Before you're arrested: If law enforcement contacts you for questioning, searches your property, or names you in an investigation, hire counsel immediately. Everything you say before arrest can be used against you. Statements made "cooperating" with police become prosecution evidence.
The moment you're arrested: Criminal defense begins at arrest, not arraignment. Evidence gets collected, witnesses get interviewed, and prosecution strategies get developed while you sit in jail deciding whether to hire an attorney. Every hour you wait gives prosecution an advantage you can't recover.
What Criminal Defense Attorneys Actually Do
Challenge Evidence: Illegal searches, Miranda violations, coerced confessions, chain-of-custody problems, forensic errors. Police and prosecutors cut corners. Defense attorneys file motions to suppress evidence obtained illegally. When evidence gets excluded, cases get dismissed.
Force the State to Prove Its Case: Prosecutors must prove guilt beyond reasonable doubt. That's not a formality—it's a constitutional requirement. Experienced defense attorneys challenge every element, cross-examine every witness, and attack every assumption. Most cases aren't as strong as prosecutors claim.
The Former Public Defender Advantage
I served as a Specially Appointed Public Defender for Miami-Dade County from 1997 to 2006. During that time, I defended hundreds of criminal cases, learned prosecution strategies from the inside, and gained trial experience most private attorneys never acquire.
This background matters. I know which prosecutors actually prepare for trial versus which ones rely on defendants pleading guilty. I know which judges enforce constitutional protections versus which ones defer to law enforcement. I know when cases are genuinely strong versus when they're bluffs designed to pressure plea agreements.
Common Mistakes People Make
Talking to Police Without Counsel: "I was just explaining what happened." Explanation becomes confession. Clarification becomes admission. Cooperation becomes evidence. Say nothing except "I want a lawyer."
Consenting to Searches: If police had probable cause to search, they wouldn't ask permission. Your consent waives Fourth Amendment protection. Never consent to searches—of your home, your car, your phone, or your person.
What to Do If You're Arrested
Remain Silent: Say "I want a lawyer" and nothing else. Not your side of the story. Not "I didn't do it." Nothing. Everything you say will be used against you. Silence cannot.
Do Not Consent to Searches: Say "I do not consent to searches." If they search anyway, that's their decision. Your refusal preserves constitutional challenges your attorney can raise later.
Call an Attorney Immediately: Not tomorrow. Not after you're released. Immediately. The prosecution starts building its case the moment you're arrested. Every hour you wait gives them an advantage you can't recover.
Your Rights Matter Only If Someone Enforces Them
The criminal justice system operates on power imbalances. Police investigate. Prosecutors charge. Judges defer. Without experienced defense counsel, your constitutional rights are theoretical concepts that don't protect you in practice.
I've defended criminal cases for 28 years—first as a Public Defender, now in private practice. I know how prosecutors build cases, which charges are overreach, and when evidence should be suppressed. More importantly, I know when to negotiate and when to go to trial.
If you're under investigation or facing criminal charges in Miami, contact the Law Office of Bolivar C. Porta at (305) 371-5060. Your rights matter. Let's enforce them.