Criminal Defense Lawyers

Getting Arrested in Florida: Your Rights and What to Do

Getting Arrested in Florida: Your Rights and What to Do

Getting arrested can be a scary and overwhelming experience. As someone who got arrested in Florida myself a few years back, I totally get it. One minute you’re just living your life, and the next you’re in handcuffs getting read your rights. It’s a lot to take in.In this article, I want to walk you through the arrest process in Florida, let you know your rights, and give you some tips on what to do if you find yourself getting arrested. I’ll share what I learned from my own experience and from talking to criminal defense lawyers so you can be prepared.

The Arrest Process

If a police officer has decided to arrest you, the first thing they’ll do is tell you to put your hands behind your back. Then they’ll put handcuffs on you. I know the feeling of those cold metal cuffs closing around your wrists is freaky, but don’t resist. That’ll only make things worse.After you’re handcuffed, the officer will “read you your rights” by reciting the Miranda warning. This goes: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”Once they’ve read you your rights, the officer will search you and confiscate any belongings you have, including your wallet, phone, keys, etc. They’ll transport you to the police station or county jail to get booked.The booking process involves getting your fingerprints and mugshot taken. You’ll also have to provide basic information like your full legal name, date of birth, address, etc. After booking, you’ll be allowed to make a phone call to arrange bail or let your family know where you are.If you can’t afford bail or aren’t offered bail, you’ll be taken to a holding cell until your arraignment hearing, which must happen within 24 hours of your arrest. If you bond out on bail, you’ll be released until your court date.

Your Rights During Arrest

It’s important to know your rights during the arrest process. Here are some key ones:

• You have the right to remain silent. You do not have to answer any questions from the police, other than identifying yourself. Don’t try to argue or defend yourself. Anything you say can be used against you.
• You have the right to an attorney. Ask to speak to a lawyer immediately and do not answer any substantive questions until you have one present.
• You have the right to refuse searches. If an officer asks to search you, your car or your home, you can refuse. However, they may conduct the search anyway if they have probable cause.
• You have the right to make a phone call within a reasonable time after being arrested. This allows you to contact a lawyer or arrange for bail.
• You have the right to know why you are being arrested. The officer must tell you the charges against you when arresting you.
• You have the right to have your Miranda rights read to you before any interrogation if you are arrested. Don’t let the police question you without reminding them to read you the Miranda warning first.

Knowing your rights is so important, because the police won’t always tell you them unless you ask. Print out a small Miranda rights card to keep in your wallet just in case.

What to Do If You’re Arrested

If you find yourself getting arrested in Florida, here are some tips on what to do:

During the Arrest

• Stay calm and cooperative. Don’t resist arrest, even if you believe you’re innocent. That will only lead to additional charges.
• Invoke your right to remain silent by saying “I choose to remain silent.” Then stop talking. Don’t try to plead your case on the scene.
• Ask to speak with an attorney immediately and repeat that request over and over. Say you won’t answer questions without a lawyer.
• Be respectful to the officers, even if they aren’t nice to you. Rudeness or aggression will backfire.
• If injured during the arrest, immediately request medical attention.
• If the police don’t read you the Miranda warning, respectfully remind them you have that right.
• Pay attention to the officer’s name and badge number in case you need it later.

At the Police Station

• Consider remaining silent during booking. You will have to give basic info like name and address but can refuse to answer other questions.
• Don’t make casual conversation with police officers. Anything you say can be used against you.
• Request your phone call within a reasonable time frame and call a lawyer or family member to arrange bail.
• If you don’t have a lawyer yet, call the public defender’s office which provides attorneys to those who can’t afford them.
• Be cooperative during fingerprinting and the mugshot process to avoid additional charges.
• Politely insist on seeing a lawyer before answering any substantive questions. Keep repeating your request for counsel.
• If the police try to interrogate you without a lawyer, re-invoke your right to remain silent and right to counsel.

After Release

• Gather information like police reports, booking records, and evidence against you for your lawyer.
• If injured during arrest, get medical documentation right away. Photograph any cuts, scrapes or bruises.
• Start building your defense case. Write down all the details you remember about the arrest while they’re fresh.
• Hire a criminal defense lawyer as soon as possible. Don’t try to handle the case alone.
• Follow your lawyer’s advice about next steps, plea deals, etc. Thoroughly discuss options before making decisions.
• If out on bail, comply with all bail conditions like checking in with pretrial services and avoiding contact with victims/witnesses.
• Begin collecting character references who can testify to your good reputation in the community.
• Seek counseling or support if the arrest caused emotional trauma or mental health issues.

Having a good lawyer makes all the difference in how an arrest plays out. Don’t wait to get legal help. The sooner you start building your defense, the better.

Finding a Criminal Defense Lawyer

If you’re arrested in Florida, hiring a local criminal defense lawyer is crucial. Here are some tips on finding a good one:

• Ask friends and family for recommendations of lawyers they’ve used.
• Search lawyer directories like The Florida Bar or Nolo to find options with good reviews.
• Look for a lawyer who specializes in criminal defense, not a general practice attorney.
• Choose a lawyer with extensive experience handling cases like yours – whether that’s drug crimes, theft, domestic violence, etc.
• Ask about the lawyer’s track record getting charges reduced or dismissed pre-trial.
• Find out if they have experience taking cases like yours to trial if a plea deal can’t be reached.
• Choose a lawyer you feel comfortable with and who listens to your side of the story.
• Discuss payment options and fees upfront before hiring them.
• Avoid lawyers who guarantee certain outcomes – no one can promise you won’t be convicted.
• Be leery of lawyers soliciting business immediately after your arrest. Get references first.

Take time to research lawyers’ backgrounds and consult with several before choosing one. The right criminal defense attorney can make all the difference in how your charges play out.

Possible Defenses Against Criminal Charges

If you’ve been arrested in Florida, there may be defenses your lawyer can use to fight the charges against you. Some potential defenses include:Lack of criminal intent – For many crimes, prosecutors must prove you intended to break the law. Your lawyer may argue you had no criminal intent.Misidentification – If eyewitnesses wrongly identified you, your attorney can challenge the ID procedures as flawed.Entrapment – If police improperly induced or coerced you into committing a crime, that may constitute entrapment.Unlawful search – Evidence from an illegal search without probable cause may be excluded.Self-defense – Using reasonable force to protect yourself or others against harm may justify otherwise criminal acts.Duress – If you committed a crime due to threats of serious harm, you may have a duress defense.Intoxication – Evidence you were involuntarily intoxicated could negate criminal intent for some offenses.Insanity – In limited circumstances, a mental defect or illness defense may apply.Other defenses like alibi, false confession, or violation of your rights could also exist in your case. An experienced criminal lawyer will know how to identify and argue the best defenses to get charges dropped or reduced. Don’t give up hope until you’ve explored all options.

Plea Bargaining and Sentencing

Over 90% of Florida criminal cases end in plea bargains rather than trials. Your lawyer may negotiate with prosecutors to get charges reduced or dropped in exchange for a guilty plea on lesser charges.Some things that could be negotiated include:

• Getting serious felony charges reduced to misdemeanors
• Having charges dismissed completely
• Arguing for pretrial diversion programs to avoid conviction
• Getting jail time taken off the table in exchange for probation

Talk through plea bargain options fully with your lawyer before agreeing to anything. They can help predict the likely sentence if you go to trial versus take a plea deal. Make sure you understand the long-term consequences of different pleas.If no plea deal can be reached, your case will go to trial. Your lawyer will fight to get you acquitted or achieve the lightest sentence possible. For felony charges, sentencing guidelines and minimum mandatory sentences apply.Having an aggressive and experienced criminal defense lawyer in your corner is so important when weighing plea bargains and sentencing options after an arrest. Don’t let fear push you into quick decisions that hurt your case long-term.

Dealing with the Emotional Impact

Getting arrested can be traumatic and deeply upsetting. On top of feeling scared and overwhelmed, you may also feel embarrassed, angry, depressed or ashamed. Those are totally normal reactions.Here are some tips for coping emotionally after an arrest:

• Talk to friends and family who support you unconditionally. Their reassurance can help a lot.
• Consider seeing a therapist or counselor to process the fear and trauma. Many provide sliding scale options if money is tight.
• Join a local support group for people going through the criminal justice system. Shared experiences help.
• Practice self-care through healthy habits like exercise, eating well and getting enough sleep. It will reduce stress.
• Stay busy with work, hobbies and normal routines when possible. Keeping occupied helps.
• Avoid using alcohol or drugs to numb the pain. That will likely make emotions worse long-term.
• Remind yourself frequently that this is a temporary situation, even though it feels overwhelming in the moment.
• Keep a sense of hope and perspective. Your life is about more than this one incident.

With time, counseling and the support of loved ones, you can get through the emotional side effects of an arrest. Don’t be afraid to ask for help coping.

Final Thoughts

Going through the arrest process in Florida is scary, but knowing your rights and having a good lawyer on your side can make a huge difference. Don’t panic or lose hope. Take things one step at a time, focus on your defense, and keep pushing forward.This will eventually resolve itself, even if that feels impossible from where you’re standing today. Have courage, lean on your support system, and know there are still bright days ahead, even if you can’t quite see them yet. You’ve got this!