• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Simko Law Group HomepageSimko Law Group

DUI, Traffic And Criminal Defense Law Firm

  • DUI
    • DUI Lawyer
    • First DUI
    • Second DUI
    • Third DUI
    • Fourth DUI
    • Felony DUI
    • DUI Court Process
    • DUI Laws
    • DUI Penalties
    • DUI Arraignment
    • Breathalyzer Refusal
    • Field Sobriety Tests
    • Drivers License Suspensions
    • Under 21 DUI
    • DUI Checkpoints
    • Boating Under the Influence
    • Common DUI Questions
  • Traffic Offenses
    • Reckless Driving
    • Suspended License
    • Driving Without a Valid License
    • Speeding Tickets
    • Leaving the Scene of an Accident
    • Fleeing and Eluding
  • Criminal Defense
    • Misdemeanor Charges
    • Felony Charges
    • Drug Charges
    • Firearm Offenses
    • Violent Crimes
    • Violations of Probation
    • Theft Offenses
    • Juvenile Offenses
    • Injunction Restraining Order Defense Lawyer
  • Federal Crimes
  • About Us
    • Attorneys
      • Andrew Simko – Criminal Defense Attorney
      • Rocco Scarfone – Personal Injury Attorney
    • Testimonials
  • Blog
  • Locations
    • Palm Beach County
      • Jupiter Criminal Defense Lawyer
        • Jupiter DUI Lawyer
      • Palm Beach Gardens Criminal Defense
      • West Palm Beach Criminal Defense Lawyer
        • West Palm Beach DUI Lawyer
          • DUI for Prescription Drugs in West Palm Beach FL
        • West Palm Beach Domestic Violence Defense Lawyer
        • West Palm Beach Drug Crimes Lawyer
          • Drug Possession Lawyer in West Palm Beach FL
        • West Palm Beach Felony Lawyer
        • West Palm Beach Misdemeanor Lawyer
      • Delray Criminal Defense Lawyer
      • Lake Worth Criminal Defense Lawyer
    • St. Lucie County
    • Broward County
    • Miami-Dade County
    • Martin County
  • Hire Us
  • (561) 951-1264
FLORIDA DUI, TRAFFIC AND CRIMINAL DEFENSE ATTORNEY
AFFORDABLE & AGGRESSIVE CRIMINAL DEFENSE
SERVING SOUTH FL COUNTIES INCLUDING PALM BEACH, MARTIN, ST. LUCIE, BROWARD, MIAMI-DADE, HILLSBOROUGH, ORANGE, BREVARD & LEE
SCHEDULE A FREE CONSULTATION

Your Rights During an Arrest or Notice to Appear in Palm Beach County

It can happen fast. One minute you’re going about your day in Palm Beach County, the next, you’re being arrested or handed a Notice to Appear. Maybe you feel angry, embarrassed, or just numb. Suddenly, it seems like you’ve lost all control of your life.

But here’s what most people don’t realize: You still have rights—and they matter.

The trouble is, it’s easy to lose those rights if you don’t know how to use them. One wrong move or a few words can change everything for your future, your job, and your family.

This guide is here to help you understand exactly what your rights are during an arrest or Notice to Appear in Palm Beach County, how to use them, and how to avoid mistakes that can haunt you for years.

Don’t let one moment define your life. Start here so you can protect yourself and preserve your power in this situation.

What Are My Rights if I’m Arrested in Palm Beach County?

When the police show up—whether it’s flashing lights, a knock at your door, or just a “quick question”—your rights are your best protection. But police and prosecutors are counting on you not knowing how to use them.

Your Right to Remain Silent

You don’t have to answer any questions. Not about where you were, what you did, or who you know. The only thing you must do is give your name and basic ID info.

What to say: “I am exercising my right to remain silent.”

After that, say nothing else—even if they say “this will go easier if you talk.” It usually won’t.

Your Right to a Lawyer

You can—and should—ask for a lawyer right away, even if you’re not under arrest yet.

What to say: “I want to speak with my attorney.”

As soon as you say this, police legally have to stop asking you questions. Don’t let them talk you out of it, and don’t answer “just a few more things.”

Your Right to Refuse Most Searches

Police need a warrant or special circumstances to search your home, your phone, or even your car.

What to say: “I do not consent to any searches.”

Never try to talk your way out of it or “just cooperate”—if you give permission, it’s almost impossible to take it back.

Can the Police Lie to Me During Questioning?

Yes, police officers are legally allowed to lie to you during questioning. Ultimately, Palm Beach County law enforcement officials are trained to get you talking. They might say:

  • “If you’re innocent, why do you need a lawyer?”
  • “We just need your side to clear this up.”
  • “You can go home if you answer a few things.”

Don’t fall for it. Use your rights. That’s how you protect yourself—even if you’re scared, nervous, or truly feel you have nothing to hide.

What is a Notice to Appear in Palm Beach County?

A Notice to Appear (NTA) is not “just a ticket.” Think of it as an alternative to being physically arrested and handcuffed. It means you’ve been accused of a crime, and ignoring it will only make things worse.

Your rights when handed an NTA include:

  • You don’t have to explain yourself to police. In fact, don’t.
  • You have the right to an attorney. Use it before your first court date.
  • You have the right to remain silent about the case—don’t talk to the police, prosecutor, or even friends about what happened.

What you should do:

  • Read the NTA carefully. It tells you when and where to appear.
  • Don’t miss your court date. Skipping court can lead to a warrant for your arrest.
  • Call a defense lawyer ASAP. The sooner you get legal help, the better your chances—sometimes a lawyer can even get the charges dropped before you ever step into court.
  • Don’t try to “explain things” to police or prosecutors. Everything you say can be used against you.

Remember that the system is just waiting for you to say something incriminating here. Don’t give them the upper hand.

What Happens After You’re Arrested or Given a Notice to Appear in Palm Beach County?

Whether you’re arrested or handed an NTA, your rights don’t automatically disappear—but you still need to know when and how to use them.

If you’re arrested:

  • You’ll be booked, which means being photographed, fingerprinted, and possibly held in jail.
  • You have the right to remain silent during booking. Don’t discuss your case, your charges, or what happened—no matter what anyone says.
  • Within 24 hours, you’ll see a judge (your “first appearance”). This is where bail may be set, and charges are explained.
  • You can (and should) ask for a lawyer before you answer any questions or make any decisions.

If you’re given a Notice to Appear:

  • You must show up for your court date, or a warrant could be issued for your arrest.
  • At your first court appearance, you have the right to an attorney, the right to hear the charges against you, and the right to remain silent.

Critical mistakes to avoid in either scenario:

  • Missing your court date (arrest warrant, more charges).
  • Talking to police or the prosecutor without a lawyer.
  • Posting about your case on social media.

Every step, the system hopes you’ll panic, get caught in a lie, or talk your way into more trouble. Protect yourself—use your rights.

The Most Common Ways People Give Up Their Rights—And How to Avoid Them

  • Trying to “clear things up” by talking to police. Silence is your shield.
  • Letting police search your phone, car, or home “just to cooperate.” Politely refuse unless they have a warrant.
  • Believing an NTA isn’t serious. Always take it seriously. Missing court can haunt you for years.
  • Not calling a lawyer right away. Don’t wait. The sooner you have a lawyer, the more protection you have.
  • Trusting the process to be fair. The justice system isn’t set up to work in your favor—it’s set up to convict. Your rights are the only defense you have.

How an Aggressive Palm Beach County Defense Lawyer Can Protect Your Rights at Every Step

At Simko Law Group, we know the system from both sides—we’ve worked as prosecutors in Palm Beach County and now fight for people just like you. Here’s what aggressive criminal defense lawyers like us do best:

  • Shield you from police tricks and pressure.
  • Make sure your rights are never ignored.
  • Challenge illegal searches, arrests, or unfair police tactics.
  • Fight to get your charges reduced or dropped—sometimes before you even get to court.
  • Stand by your side at every step, so you’re never alone against the system.

If you’ve been arrested or given a Notice to Appear in Palm Beach County, don’t let fear or confusion decide your next move. Your rights only protect you if you use them, and you only get one shot to do it right.

Call Simko Law Group now at (561) 951-1264 for your free, no-strings-attached consultation. We’ll explain your rights, your options, and how to fight for the best possible outcome—because you and your future are worth it.

What Happens During a Criminal Investigation in Palm Beach County?

Getting that phone call from a detective or seeing police at your door can make your stomach drop. In an instant, the system no longer seems like it was built to protect you—but to convict you.

Criminal investigations in Palm Beach County follow a specific path, and knowing what happens at each step gives you power. The police and prosecutors aren’t necessarily going to explain your rights or tell you when they’re pushing boundaries. That’s not their job.

As former prosecutors, we’ve seen how investigations work from the inside. We know the tactics they use and how they build cases against regular people just like you. Let’s break down what really happens during a criminal investigation in Palm Beach County, so you can protect yourself, your family, and your future.

What Triggers a Criminal Investigation in Palm Beach County?

Criminal investigations start in several ways, and understanding them helps you see where you stand:

  • Citizen Complaints – Someone files a police report claiming you did something illegal. This could be anyone from a stranger to someone close to you like a neighbor, coworker, or even a family member.
  • Police Observation – An officer witnesses what they believe is criminal activity. This could be during a traffic stop, while patrolling, or responding to another call entirely.
  • Evidence Discovery – Police find evidence of a crime during routine activities or while investigating something else.
  • Anonymous Tips – Someone calls in a tip about suspicious activity, often through Crime Stoppers or similar programs.
  • Mandatory Reporting – Certain professionals like teachers, doctors, and social workers are required by law to report suspected abuse or neglect.
  • Digital Flags – Your online activities trigger automated systems that flag potential crimes like fraud or child exploitation.

Remember, the threshold for starting an investigation in Palm Beach County is surprisingly low. Police don’t need proof beyond a reasonable doubt—they only need enough to justify looking into the situation.

What Happens After a Crime is Reported in Palm Beach County?

Once a crime is reported, a process begins that moves faster than most people realize:

  1. First Response – Patrol officers arrive at the scene to secure the area, help any victims, and look for immediate evidence or witnesses. These initial observations become part of the official report.
  2. Preliminary Report – The responding officer files a report with basic information about what happened, who was involved, and any obvious evidence or witness statements.
  3. Case Screening – A supervisor reviews the report and decides if further investigation is needed. Minor cases might end here if there’s not enough information to go on.
  4. Detective Assignment – If the case continues, it gets assigned to a detective based on the type of crime. Detectives in Palm Beach County typically specialize in specific areas like property crimes, violent crimes, or special victims.
  5. Case Priority – The case gets prioritized based on seriousness, threat to public safety, and available evidence. This determines how quickly detectives will act.

At this stage, the investigation is just getting started. The detective will review everything collected so far and begin mapping out their strategy to build a case—usually against you, not for you.

Detective Investigation Phase

Once a detective takes over your case, things get more serious. Here’s what happens behind the scenes:

  • Case Review – The detective studies all existing information and decides what leads to pursue first. They’re looking for weak points they can exploit.
  • Evidence Collection – This goes beyond fingerprints and DNA. Detectives gather surveillance footage, phone records, financial documents, internet history, and anything else that might help them build their case.
  • Witness Interviews – Detectives interview anyone who might have relevant information. They’re skilled at getting people to talk, often making witnesses feel comfortable sharing information they didn’t intend to reveal.
  • Subject Interviews – If you’re identified as a potential suspect, they may ask to “just talk” or “clear things up.” These seemingly casual conversations are carefully designed to get you to say things that hurt your case.
  • Record Searches – They check your criminal history, driving record, property records, and any other data they can legally access to build a profile on you.
  • Technical Analysis – Evidence gets sent to various labs for processing, including fingerprint analysis, DNA testing, digital forensics, and other specialized examinations.

The detective’s goal isn’t specifically to find the truth—it’s building a strong enough case to get charges filed. They’re looking for evidence that helps their case, not yours.

Can You Be Investigated Without Knowing It?

Yes, and it happens more often than you might think. Palm Beach County investigators often work quietly to build cases without alerting suspects.

  • Silent Surveillance – Investigators might monitor your movements, track your vehicle, or watch your home without you ever knowing. They can legally observe you in public places without a warrant.
  • Digital Investigation – Your online activities, including social media posts, emails, and browsing history can be examined through various legal channels without your knowledge.
  • Financial Tracking – Your bank records, credit card transactions, and other financial activities might be reviewed through subpoenas you never see.
  • Witness Interviews – Police often talk to your friends, family, coworkers, and neighbors before ever approaching you. By the time they contact you, they may already have statements from everyone in your life.
  • Phone Records – Investigators can get details about who you’ve called, when, and for how long without you being notified.
  • Undercover Operations – In more serious cases, undercover officers or confidential informants might be used to gather evidence against you.

The first sign many people have that they’re under investigation is when they’re contacted by police or when they’re arrested. By then, investigators may have already built much of their case.

Warning signs you might be under investigation include:

  • Friends or associates mentioning they were questioned about you
  • Unusual interest from strangers who seem to be watching you
  • Multiple hang-up calls or strange messages
  • Unexpected police presence in your neighborhood
  • Family members or coworkers being questioned about your activities

If you notice these signs, it’s smart to get legal help immediately—before you’re formally charged.

What Rights Do I Have During a Criminal Investigation?

You have powerful rights during an investigation, but they only protect you if you use them:

  • Right to Remain Silent – You don’t have to answer questions from investigators. Period. This is your strongest protection, but many people talk themselves into trouble by thinking they can “clear things up.”
  • Right to an Attorney – You can and should have a lawyer present during any questioning. The moment you ask for an attorney, all questioning must stop until your lawyer is present.
  • Right Against Unreasonable Searches – Police need a warrant to search your home, your car in certain situations, or your personal devices, unless specific exceptions apply. You can verbally refuse consent to searches.
  • Right to Due Process – Investigators must follow legal procedures. When they don’t, evidence can be thrown out later.
  • Right to Privacy – There are limits to how police can monitor you, though these protections have weakened in the digital age.

How to properly use these rights:

State clearly: “I am exercising my right to remain silent.”

Follow with: “I want to speak with my attorney.”

Nothing else. Don’t explain why you want a lawyer. Don’t try to seem cooperative. These two sentences are all you need.

Many police tactics are designed to make you waive these rights without realizing it. They might say:

  • “If you’re innocent, why do you need a lawyer?”
  • “We just need to clear a few things up, then you can go.”
  • “This will go easier if you cooperate now.”
  • “We already know what happened, we just need your side.”

Don’t fall for these tactics. They’re designed to get you talking when silence would protect you better.

Evidence Collection and Processing

Evidence collection in Palm Beach County follows specific protocols that can make or break your case:

  • Physical Evidence – Officers collect fingerprints, DNA samples, weapons, clothing, and other items related to the alleged crime. Each piece must be properly tagged, logged, and stored to maintain the “chain of custody.”
  • Digital Evidence – Investigators may seize computers, phones, tablets, security cameras, GPS devices, and other electronics. Special forensic software extracts data even if you’ve tried to delete it.
  • Photographic Evidence – Crime scenes are thoroughly photographed to document everything from the general layout to tiny details that might not seem important at first.
  • Documentary Evidence – Financial records, communications, legal documents, medical records, and business records may be subpoenaed as part of the investigation.
  • Biological Evidence – Blood, hair, saliva, and other biological samples are collected and sent to crime labs for analysis. DNA results can take weeks or months to process in Palm Beach County.

What many people don’t realize is that evidence collection isn’t always perfect. Mistakes happen, protocols get violated, and samples get contaminated. A good defense attorney knows how to spot these issues and use them to challenge the prosecution’s case.

Palm Beach County’s evidence backlog can also work in your favor. The longer evidence sits waiting to be processed, the more opportunities there are for problems with storage, handling, or testing—all of which work in your favor.

The Decision to Arrest

The arrest decision marks a critical turning point in your case. First, know that police need “probable cause” to make an arrest—meaning facts that would lead a reasonable person to believe you committed a crime. This is a much lower standard than “beyond a reasonable doubt.”

Timing is also a factor. Sometimes investigators will wait to arrest you until they’ve built their strongest possible case. Other times, they’ll arrest you quickly to apply pressure, in the hopes you’ll make statements that help their case.

As for how the arrest unfolds, it can happen through:

  • Direct encounters with police
  • Arrest warrants executed at your home or workplace
  • Traffic stops where additional crimes are discovered
  • Turning yourself in after learning of a warrant

After arrest, you’ll be:

  • Transported to a booking facility (typically Main Detention Center or West Detention Center)
  • Photographed and fingerprinted
  • Searched and your property inventoried
  • Held until your first appearance before a judge (within 24 hours)

Next, the State Attorney’s Office reviews the evidence and decides whether to file formal charges. They may:

  • File the charges as recommended by police
  • File different or additional charges
  • Reduce the charges
  • Decline to file charges at all (called a “no file” decision)

This is another critical point where having an attorney can change everything. A skilled Palm Beach County criminal defense lawyer can contact the State Attorney’s Office before charges are filed to present your side of the story or highlight weaknesses in the case.

What to Do If You’re Under Criminal Investigation in Palm Beach County

If you believe you’re under investigation in Palm Beach County, take these steps immediately:

  • Stop Talking – Don’t discuss the case with anyone except your attorney. Friends, family, and especially social media are off-limits for case discussions.
  • Preserve Evidence – Don’t delete texts, emails, social media posts, or any other potential evidence. Destruction of evidence can lead to additional charges.
  • Document Everything – Keep detailed notes about any interactions with police, including dates, times, officer names, and what was discussed.
  • Avoid Witness Contact – Don’t reach out to potential witnesses. This can be seen as witness tampering, which is a serious crime.
  • Get Legal Help Now – The earlier an attorney gets involved, the more they can do to protect you. Don’t wait until charges are filed or you’re arrested.
  • Stay Calm – Making rash decisions out of panic often makes things worse. Follow your attorney’s guidance and trust the process.

Remember that the investigation phase is often where cases are won or lost. The decisions you make now will impact everything that follows.

How a Criminal Defense Attorney Changes Everything

Having a Palm Beach County criminal defense lawyer during an investigation completely changes the game:

  • Early Intervention – A good attorney can sometimes prevent charges from being filed by communicating with investigators or prosecutors early in the process.
  • Protection from Tricks – Investigators use psychological tactics to get confessions or damaging statements. Your attorney shields you from these techniques.
  • Evidence Challenges – Defense attorneys can identify improper evidence collection, rights violations, and other issues that might get evidence thrown out later.
  • Case Strategy – While investigators build their case against you, your attorney builds your defense strategy, identifying weaknesses in the prosecution’s approach.
  • Legal Buffer – Your attorney becomes the point of contact for investigators, removing the pressure and stress of direct interactions with police.
  • Negotiation Power – If charges seem likely, your attorney can sometimes negotiate better terms, including reduced charges or favorable plea arrangements.

At Simko Law Group, we bring something extra to your defense—our experience as former prosecutors. We know exactly how Palm Beach County builds cases because we used to do it ourselves. We understand their playbook, their tactics, and their weaknesses.

This insider knowledge lets us spot issues others might miss and build stronger defenses for our clients. We’ve seen how the system works from both sides, and now we use that knowledge to protect people like you.

Don’t wait until it’s too late. If you’re under criminal investigation or have been charged with a crime in Palm Beach County, call us today at (561) 951-1264 for a free case evaluation.

Your freedom is too important to leave to chance, and the right attorney can make all the difference.

Arraignment in Palm Beach County FL

If you’re charged with a crime in Palm Beach County FL your arraignment is often your first courtroom experience—and it can feel intimidating. This is why it’s so important that you understand what to expect during this first step of the court process.

[Read more…] about Arraignment in Palm Beach County FL

Understanding Florida’s Three-Strikes Law – Mandatory Life Sentences And Repeat Offenders

Are you worried about Florida’s tough laws on repeat offenders? The state has a Three Strikes Law that means big trouble for people convicted of three serious crimes, like robbery or murder.

[Read more…] about Understanding Florida’s Three-Strikes Law – Mandatory Life Sentences And Repeat Offenders

Effects of DUI on Real Estate License

A DUI conviction in Florida can have serious consequences for professional licenses and certifications. Here’s how a DUI can affect your real estate license in Florida.
[Read more…] about Effects of DUI on Real Estate License

How To Beat A DUI In Palm Beach County FL

Beating a DUI (Driving Under the Influence) charge in Florida can be a complex process, requiring a detailed understanding of the legal system and often the assistance of a qualified attorney

[Read more…] about How To Beat A DUI In Palm Beach County FL

How Long Does Alcohol Stay on Your Breath: Understanding How to Pass a Breathalyzer

Alcohol, often a staple in social environments, has repercussions that surpass the initial intoxication. Its trace in our breath, perceptible several hours post-drinking, bears significant ramifications for social, professional, and legal contexts. Understanding the duration of alcohol’s presence on breath and the complexities of breathalyzer test is crucial for informed and conscientious choices.
[Read more…] about How Long Does Alcohol Stay on Your Breath: Understanding How to Pass a Breathalyzer

Florida Criminal Case Process

Facing criminal charges in Florida is one of the most stressful, frightening experiences you can go through in life. But fear doesn’t even begin to cover the tidal wave of emotions crashing down on you— anxiety, guilt, shock, and anger are also quite common.
[Read more…] about Florida Criminal Case Process

Effects of DUI on Nursing License

A DUI conviction in Florida can have serious consequences for professional licenses and certifications. Here’s how a DUI can affect your nursing license in Florida.
[Read more…] about Effects of DUI on Nursing License

Effects of DUI on Teaching Certificate

A DUI conviction in Florida can have serious consequences for professional licenses and certifications. Here’s how a DUI can affect your teaching certificate in Florida.
[Read more…] about Effects of DUI on Teaching Certificate

    Get a FreeConsultation





    .

    Categories

    • Criminal Law
    • DUI

    Copyright © 2025 · All Rights Reserved | Terms of Service | Disclaimer | Sitemap | Privacy Policy | Lawyer Web Designer