Garrick N. Fox, Attorney at Law

Although the U.S. Criminal Code defines criminal laws at the federal level, what constitutes a particular crime, and what the punishment for that crime is, varies from state to state. Drunk driving, fraud, drug possession, manslaughter, theft, assault, and domestic abuse are some examples of crimes that, depending on the situation, could result in execution, jail time, fines, or a declaration of innocence. If you have been charged with a crime, or think you may be charged with a crime in the future, you should contact a criminal defense attorney to help you present your defense or negotiate a penalty.

Your Rights if You are Arrested

The most important right you have, if you are ever held or detained by the police on suspicion of committing a crime, is your right to remain silent. This right is stated in the well-known Miranda Warning, which is in place to make sure any information you give the police is given voluntarily.

If the police consider you a suspect in a crime and they place you under arrest or just holding you against your will where you cannot leave, they must read you the Miranda warning before asking you any questions. But if the police don’t want to question you, they are not required to read you your rights.
Be warned, that if the police question you without reading you your rights, what say could be used against you if you had a trial and testified.

Your Rights in Court

If you are accused of committing a crime and your case goes to trial, your criminal rights  continue to protect you. Your right to an attorney is in place from the time of your initial questioning all the way through your trial. You can hire your own attorney if you can afford one, otherwise the court will appoint a public defender to represent you.

A defendant can’t be forced to answer any questions that might reflect poorly on him or her during a trial. The Fifth Amendment to the U.S. Constitution guarantees you will never have to take the stand in your own trial, nor make any comments in any way.

Your Rights if You are Convicted

If you are convicted of a crime and sentenced to jail, there are still several rights in place to protect you. The most important of these is the Eighth Amendment to the Constitution, which prevents any cruel or unusual punishment while you are in custody. This usually refers to any condition or situation that is harmful, such as the conditions of the jail where you are held or poor treatment by the jail staff.

If you are put in jail for a crime, you still have the right to appeal the verdict. You also have the right to an attorney for your appeal, and the government will assign one to you if you can’t afford it. Please note, however, that the government will only provide an attorney for your first appeal. Any further appeals will require you to hire your own attorney.

• You have the right to remain silent, or refrain from answering any questions about an alleged crime until you have an attorney present.
• You have the right to a government-appointed attorney through an arrest, a trial, and a first appeal.
• You have the right to a trial by a jury of your peers.
• You have the right to protect yourself from self-incrimination (i.e., pleading the Fifth).
• You have rights that protect your safety and dignity if you are incarcerated, such as the right to be free from cruel and unusual punishment, and the right of appeal.

There are two predominant situations when the custodial rights of grandparents come into play. One is when the grandparents want custodial rights over the child’s real or adoptive parents. The other is when the grandparent wants custody over persons who are not the child’s real or adoptive parents, but who presently have custody.

What Custodial Rights do Grandparents Have to Their Grandchildren when They Are Facing a Custody Battle with the Child’s Parent?

Whenever a court decides whether a child should be awarded to the parents of the child or his grandparents, it applies certain broad and general principles which reflect the attitude of society in regard to the parent-child relationship. The courts base their decisions on two basic doctrines:

• “Parental right” doctrine: This guidepost of child custody cases says that in the absence of particular circumstances the custody of a child will be given to the parents unless the person seeking custody can prove that the parents are unfit. This rule is based on the idea that the parent is the natural guardian and custodian of the child and that there is no substitute for his love, affection, and guidance. In other words, the parent always has a superior claim.
• “Best interests of child” doctrine: This doctrine says that custody should be awarded in accordance with the best interests of the child regardless of the fitness of the parent. Custody depends on what is right for the child. Florida and some states have a presumption that custody by a parent is in the best interests of the child unless the grandparent can prove otherwise.

What Custodial Rights do Grandparents Have to Their Grandchildren when They Are Facing a Custody Battle with Someone Other than the Child’s Parent?

Courts often apply the “best interests of the child” doctrine in custody trials, which means that custody should be awarded in the best interests of the child regardless of claims of particular status or legal relationship of the claimant to the child. In Florida, as in many other states, everything else being equal though, a grandparent should be favored in a custody proceeding against someone other than a parent. Being a grandparent is clearly an important factor in the court custody determination.

The Florida has Supreme Court has ruled that grand parents do not have a legal right to visitation with their grand children. There are a few exceptions. If a case is in Dependency court they do have visitation rights. This seems rather strange in light of the equal protection clause of the Florida and the United States constitution.

Should I Contact a Lawyer Regarding my Grandparent Custody Rights?

A habeas corpus petition is the correct way to determine your custody rights to a child. This is a difficult and complicated petition, and one you should contact a lawyer for. The cases are often long and complicated and having a lawyer at your side is necessary to have success in these court battles.