leifertlaw October 4, 2011 Violent Crimes
A Boynton Beach man has been arrested after he allegedly shot a man who police say was his wife’s lover, the Sun Sentinel reports.
When marriages are collapsing and infidelity is alleged, emotions can run high. This is a prime example of emotions overcoming a person, which leads to a Boca Raton shooting.
But sometimes in shooting cases, there is more than meets the eye. Police reports are one-sided, and initial media reports are usually the same way because they are based solely on the police report. An experienced Fort Lauderdale criminal defense lawyer can participate in news media information gathering and reporting to help a defendant get a fair trial and ensure his or her rights are upheld.
In this case, a 34-year-old man was arrested after he allegedly went to a house where his wife — who had recently filed for divorce — and another man were after going to dinner. The Boynton Beach man suspected his wife had been cheating on him, and upon entering the home he found the two in bed.
The victim was located in a nearby yard. He had six gunshot wounds in his chest, stomach and arm, according to the police report. He was transferred to a nearby hospital for treatment and was in critical but stable condition, the newspaper reports.
Police say the man gave a statement to police in which he admitted he shot the victim after first telling officers he was attacked with a knife and shot the man in self-defense. He later allegedly said he placed the knife nearby to make it look like self-defense.
Cases like this where suspects, victims and defendants know each other can be difficult to defend because if witnesses live, they are able to pinpoint the perpetrator fairly easily. Mistaken identity typically doesn’t come into play when friends or family members are involved in a crime.
But making a statement to police rarely helps. In fact, it typically hurts a defendant’s chances of obtaining a not-guilty verdict at trial or getting a favorable plea offer from the state.
Police are required to tell suspects what their rights are, called a Miranda Warning. In sum, the warning tells suspects they aren’t required to speak with police, that they may ask for an attorney at any time, and that what they say can be used against them in court.
Most suspects have heard of Miranda Rights, but don’t fully grasp what they mean. It means they don’t have to say anything to detectives, and that fact can’t be used against you if you are prosecuted. In fact, it likely will become an advantage.
If the state has no idea what your perspective on the crime is and can’t use what you say to present against the evidence detectives find, they are less likely to have damaging things to use against you at trial.
In fact, testifying at trial will come out of nowhere to prosecutors, which can give the defendant a big advantage, if the case even goes to trial. But what typically happens is a suspect tries to explain his or her way out of the situation, thinking they will convince a detective they are innocent and just walk out of the police station.
It’s far from that simple. Detectives have heard every story you could imagine, and they are expecting a person to make excuses. The best advice is to simply invoke your rights, ask for a lawyer, don’t say anything and begin preparing your defense.
If you are arrested in West Palm Beach or elsewhere in South Florida, contact Leifert & Leifert at 954-523-9600 or 561-988-8000 for a free consultation.
More Blog Entries:
Fort Lauderdale Man Charged with Shooting 12-Year-Old In the Stomach: August 15, 2011
Jealous husband shoots wife’s lover in Boca Raton, police say, by Alexia Campbell, Sun Sentinel
Florida Criminal Lawyers