FAQs

Answers to Your Criminal Defense, Personal Injury & Family Law Questions

If you’ve been arrested, are facing serious criminal charges, have been injured in an accident, or are dealing with an emotional family law matter, you likely have many questions. At Valiente, Carollo, and McElligott PLLC, we understand that many of our clients have never dealt with the legal system before and are concerned about the process. Our Miami attorneys are here to answer your questions, address your concerns, and help you navigate the legal system from start to finish. Browse common legal questions below and contact our firm to schedule your initial consultation with our team.

What should I do after being arrested?

If you are arrested for a crime, you have the right to remain silent. This means that you do not have to speak with police, prosecutors, or anyone other than your own attorney. Keeping silent is wise, as many individuals unintentionally implicate themselves or say things that are then used against them by the prosecution at a later date. You should also reach out to a Miami criminal defense attorney as soon as possible to discuss your case. Whether you have been falsely accused or you plan on pleading guilty, an attorney will have the experience and legal knowledge needed to help you understand your options and devise a sound plan of action.

What are the penalties for a DUI?

If you are convicted of a DUI, you will be facing serious penalties that often carry long-lasting repercussions. The exact penalties vary depending on a number of factors, including the level of intoxication, any prior DUI arrests or convictions, and whether an accident was caused. A felony DUI can result in sentencing in a state correctional facility, whereas a misdemeanor DUI can lead to jail time in a county facility. Most DUI convictions result in the loss of your driver’s license, mandatory community service, alcohol counseling courses, probation, increases to your auto insurance, and more.

Can I fight a DUI charge?

Yes, like all charges, it is possible to fight a DUI charge. Having an experienced Miami DUI attorney on your side can greatly affect the outcome of your case. An attorney can help you determine if police officers followed the law at the time of your arrest, including proper Miranda Rights laws, regulations regarding alcohol testing, and more. If the correct procedures and lawful protocols were not followed, you may be able to challenge the results of a DUI test.

I was injured in an accident. What do I do now?

If you were seriously injured in an accident – whether a car crash, slip and fall incident, or another type of accident – you may be able to seek financial compensation for medical expenses, lost income, and more. After first obtaining the necessary medical treatment, discuss your case with a personal injury attorney in Miami who can help you determine if the accident was caused by another person or entity’s negligent or wrongful actions. If the accident was caused by negligence, and this negligence led to your injuries, an attorney can help you pursue a civil case.

What is wrongful death?

Wrongful death is a legal term used when the negligent or wrongful actions of someone else results in a death. For instance, if a commercial truck driver kills another motorist while driving under the influence of drugs or alcohol, the family members or loved ones of the deceased individual may file a wrongful death claim. In such claims, it is possible to seek compensation for pain and suffering, loss of support, and funeral expenses, as well as punitive damages designed to punish the wrongdoer.

Don’t see your question here? Looking for answers about your specific situation? Call Valiente, Carollo and McElligott PLLC at (786) 207-1772 to speak with our Miami attorneys today.