Always a defense attorney,
NEVER a prosecutor


What Does Federal Criminal Law Ensure for Every Jurisdiction?
Posted by: Thomas Grajek  | On 19th June, 2014

Every state and the District of Columbia has its own criminal procedure codes. However, each of these jurisdictions must act in compliance with the U.S. Constitution.

Each state’s rules and regulations on criminal procedure codes are predicated on the Federal Rules of Criminal Procedure. The Constitution contains numerous provisions to protect individuals arrested for a crime and individuals who are suspected of having committed a criminal offense.

In order to arrest a suspect, the police must have probable cause — which means that they possess enough evidence to indicate that the person is likely to have committed a crime. Police suspicions about the commission of a crime are not enough to permit an arrest.

In many cases, police officers must obtain an arrest warrant from a judge after offering their evidence of probable cause. Obtaining an arrest warrant is not possible in all cases, so there are exceptions to warrant policies. For example, an individual may be arrested without warrant if a police officer witnesses him or her committing a crime.

Additionally, an individual cannot be subjected to a police search of home, car or person unless the officers have probable cause. Without such justification, any evidence police obtain in their search may be thrown out of court. In most cases, a legal search is only possible with a warrant issued by a judge. Again, there are exceptions to the search warrant rule. If a person invites an officer into a home, for example, that officer may seize any evidence in plain sight.

Should a person be taken into custody, he or she cannot choose to leave that custody — particularly if he or she has been taken to a police station for questioning. Questioning may not begin until the individual is read his or her Miranda rights and advised about the ability to ask for a lawyer at any time. If a suspect’s rights are violated in any manner, nothing said can be used in court.

A suspect does not automatically go to court. If a person pleads not guilty, a preliminary hearing decides the court route the case will take. In a preliminary hearing, the prosecutor offers evidence and presents the case for the suspect’s guilt. The criminal defense lawyer counters those arguments and tries to attack the prosecution’s evidence. The final disposition of the case is up to the judge. Depending on the jurisdiction, some states only hold a preliminary hearing if the accused is charged with a felony. Other states prefer to use grand juries.

Tags: arrest custody evidence Miranda Miranda rights search warrant warrant


Jun 2014


comments are closed


112 E Poinsettia St Lakeland, FL, 33803

(863) 688-4606


4107 N. Himes Ave #200 Tampa, FL, 33607

(813) 789-6404


24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660


Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.