Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

733 West Colonial Drive, Orlando 32801 - 407-841-5555

Your Constitutional Rights

The United States Constitution

Congress shall make no law . . . abridging the freedom of speech, or . . . the right of the people peaceably to assemble, and to petition the government for a redress of grievances. FIRST AMENDMENT

Right to bear arms - "[T]he right of the people to keep and bear arms, shall not be infringed." SECOND AMENDMENT (Carrying a concealed weapon is regulated. Obtain a concealed weapons permit. It will allow you to bear concealed weapons and remove any waiting period when buying a handgun. Be prepared to protect yourself - from the bad guys.)

Right to be free from unreasonable searches and seizures. FOURTH AMENDMENT
(If you are ever "asked" to be searched, say "NO." It's your Constitutional Right.)

Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. FIFTH AMENDMENT

Right to remain silent (nor shall be compelled in any criminal case to be a witness against himself). FIFTH AMENDMENT(You cannot be compelled to be a witness against yourself. Exercise your Right to remain silent when questioned by law enforcement by stating that you are "remaining silent." Often we hear the media refer to a defendant as "refusing to cooperate." This is pure ignorance on the media's part. Citizens do not have to cooperate in a criminal proceeding instituted against them.)

Nor shall private property be taken for public use, without just compensation. FIFTH AMENDMENT.

Right to have Attorney Present when questioned. SIXTH AMENDMENT(If law enforcement officers are questioning you, you have a Right to have an attorney present. You can invoke this Right by asking to speak to your attorney before answering any questions.)

Right to Reasonable Bail(Bond). EIGHTH AMENDMENT
(Everyone is presumed innocent until proven guilty. This presumption exists when asking for a bond. It does not exist for violations of probation however.)

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.. NINTH AMENDMENT
(Retains the Rights not enumerated by the Constitution to the People. The Constitution does not limit the Rights of the People.)

The Constitution of Florida

Right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property. ARTICLE 1 SECTION 2

Right to be free from unreasonable searches and seizures. ARTICLE 1 SECTION 12

Right to remain silent. ARTICLE 1 SECTION 9

For a good discussion on the law in this area read Traylor v. State, 596 So.2d 957 (Fla. 1992).


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