Attorney Elaine E Lukic

Freedom
A Former Prosecutor — Who Knows How To Win

With 20 years of experience in the criminal justice system, I know how to get positive results for clients who have been charged with a criminal offense. With insider knowledge and a drive to win, I am the attorney defendants turn to when dismissal — and freedom — is their goal.

High Rate Of Dismissals And Acquittals

Recognized by the Equal Justice Foundation for my “high rate of
acquittals and dismissals” in domestic violence cases.

Former Domestic Violence/Sex Assault Prosecutor

With a background in criminal prosecution, I have the know-how and insight
to stand-up for your constitutional rights.

Domestic Violence Defense

Falsely accused? Misunderstood? Targeted by a spiteful significant other?
I can help.

Sexual Assault Defense

I don’t judge. I provide mitigating evidence to the
court to paint a complete, accurate picture.

10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
Top 25 Criminal Trial Lawyers
NACDA Top Ten Ranking 2016
Florida Association of Criminal Defense Lawyers | FACDL
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Lead Counsel Rated | LC
Avvo Client's Choice 2015: Criminal Defense
Top 100 Trail Lawyers | The National Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2016 - Five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified | LC
10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
NACDA Top Ten Ranking 2016
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Avvo Client's Choice 2015 for Criminal Defense
Top 25 Criminal Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Florida Association of Criminal Defense Lawyers | FACDL
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Lead Counsel Verified | LC
Top 100 Trial Lawyers | The National Trial Lawyers
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2018 | Five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified | LC
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation

An overview of self-incrimination

Perhaps you’ve heard the term “I plead the fifth” in passing and gone on not to give it a second thought. You would not be alone in this instance. But what does this term mean and does it apply to real criminal cases?

In a criminal case, it is up to the prosecution to offer evidence that establishes guilt beyond reasonable doubt. Until such a time, any person accused of an offense technically remains innocent. Parties to a criminal case cannot be compelled to make statements that are self-incriminating. This legal right is enshrined within the Fifth Amendment of the U.S. Constitution.

When does this legal right apply?

A defendant is safeguarded from making self-incriminating statements throughout a criminal case. This includes from the moment they are subject to investigation until the commencement of any resulting trial. Although it is possible for a defendant to waive their Fifth Amendment rights and take to the stand to offer their version of events, they are not obliged to do so. If Fifth Amendment rights are invoked, and a defendant chooses not to testify, this must not be taken as an indication of guilt. After all, a person is innocent until proven guilty rather than guilty until proven innocent.

For the integrity of the criminal justice system to be upheld, it is vital that rights guaranteed under the constitution are honored. Defendants should not be coerced into making involuntary statements that jeopardize their best interests. If you are facing criminal charges, recognizing the legal protections at your disposal could ensure that you are not convicted of a crime that you did not commit.

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