Being arrested in Florida is a frightening experience. The decisions you make in the moments immediately following an arrest can significantly impact the outcome of your case. Here is what you need to know.
Exercise Your Right to Remain Silent
The Fifth Amendment gives you the right to remain silent. Use it. Do not answer questions from police officers beyond providing your name and identification. Anything you say can and will be used against you in court. Politely but firmly tell the officer: "I am exercising my right to remain silent and would like to speak with an attorney."
Do Not Consent to Searches
You have the right to refuse a search of your person, vehicle, or home. If an officer asks for permission to search, clearly state: "I do not consent to a search." This does not mean the officer cannot search — they may have legal authority to do so — but refusing consent preserves important legal arguments for your defense attorney.
Ask for an Attorney Immediately
As soon as you are arrested, ask for an attorney. Say clearly: "I want an attorney." Once you invoke this right, police are required to stop questioning you until an attorney is present. Do not wait to see what happens — ask immediately.
Do Not Resist Arrest
Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest is a separate criminal charge in Florida and can make your situation significantly worse. The time to challenge an unlawful arrest is in court, not on the street.
Contact a Criminal Defense Attorney as Soon as Possible
Early intervention by a criminal defense attorney can make a critical difference. An attorney can:
- —Advise you on whether to cooperate with investigators
- —Challenge the legality of your arrest
- —Negotiate with prosecutors before charges are formally filed
- —Work to secure your release on bond
Get Help Now
If you or a loved one has been arrested in Florida, contact Kate A Vincent Law Group PLLC at (786) 709-3423 for a free consultation.
This article is general information about Florida law and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation.