What Are Your Rights When Arrested in Florida?

Understanding the Arrest Process 

Let’s first discuss what happens when you are under arrest. The police, in most circumstances, should identify themselves and then tell you that you are being arrested and why. They may have a warrant or not. Certain situations may occur when police do not need a warrant to arrest someone, including:

• When an officer believes that a felony has been or is being committed – and has good reason to believe that you are the person that committed or is committing it.
• When an officer is present during the commission of a misdemeanor.

The police officer will typically read your Miranda rights after they tell you that you are under arrest. You will then be taken to the police station, and they will tell you about the general charges against you. It is common to get fingerprinted and photographed. 

Important note: When police arrest you, remember your key rights: the right to remain silent, and the right to legal representation. 

Other actions may occur when police arrest someone, depending on the circumstances surrounding the arrest. This could include:

• Make you participate in a lineup.
• Give a sample of your hair/DNA.
• Wear certain clothing.
• Create a sample of your penmanship.
• Speak certain words or phrases associated with the crimes you have been accused of.

Depending on the charges, they may release you on personal recognizance (with an agreement to appear in court on a certain date), allow you to be released on bail pending court appearance, or keep you in custody pending the arraignment in court. 

What Do Police Say When They Arrest You?

Many people want to know what to expect from police when arrested. What do cops say when they arrest you? 

First, they will typically tell you that you are being arrested. Then, they “Mirandize” you – telling you your Miranda Rights:

“You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney. One will be provided for you if you cannot afford an attorney. Do you understand the rights I have just read to you? Do you wish to speak to me with these rights in mind?”

These statements protect your legal rights in the event of an arrest. According to the law, the phrasing of the Miranda Rights ensures that any information you provide to the police is voluntary. 

Generally speaking, the answer to the question, “What do the cops say when they arrest you?” is they tell you that you are under arrest and read you your Miranda Rights. They may also ask you questions or try to get you to admit to what you are being arrested for, but you do not have to say anything – except to request legal representation.

Arrested vs. Detained: What’s the Difference?

When detailing your rights when arrested in Florida, it is important to distinguish between being arrested and being detained. 

Several actions may occur when law enforcement reasonably suspects an individual could be associated with or involved in criminal activity without actually making an arrest. This can include:

• Asking who you are
• Asking you to explain what you are doing
• Patting you down to search for a suspected weapon
• Removing a suspicious object 
• Returning personal items to you

Any of this could happen if you are detained without being arrested. However, all of this must occur near you when approached by police. If they attempt to take you beyond the initial location involuntarily, they are required to arrest you. 

What is an arrest? You would be considered under arrest when the police deprive you of your freedom of movement to question you about criminal activity. 

When you are detained, the police must mirandize you if they ask you any questions likely to elicit an incriminating response. But under the Fifth Amendment, you are entitled to decline to answer any questions and/or request that you have a lawyer present for any questioning.

Whether detained or under arrest, you have the right not to make any statements to the police. You have the right to an attorney if you are arrested after being detained. 

Your Rights Under Arrest in Florida

What are your rights when arrested in Florida? There are three key rights everyone should understand 

• The right to remain silent. If police are aggressively questioning someone getting arrested and decide to provide information, for example, about a suspected car theft, the prosecution could use this to get a conviction against them. Even if you feel you are giving details that place the blame on someone else, it is still recommended to remain silent. 
• The right to an attorney. If you are arrested, you have the right to an attorney who can protect your constitutional rights. For example, if you are arrested on drug charges, your attorney will investigate everything that happened from when police started investigating to the handling of your arrest and case. If your rights are violated, your attorney will work to get your case dismissed or charges reduced. 
• The right to refuse searches without a warrant. If the police want to search your home, for example, in an investigation for the possession or sale of drugs, you have the right to refuse entry if they do not have a warrant. The warrant should specify where they can search. This would include vehicles, office buildings, etc. You also have the right to be given a copy of the search warrant if you are at the location at the time of the search.

The Right to Remain Silent

Under the law, you are not required to say anything to the police when you are arrested. Legal professionals recommend that you do not say anything without an attorney present. Be clear to the police. Two good options to communicate your intentions: “I invoke my right to remain silent.” Or “I want to remain silent.”

A cop arresting someone may pressure them to talk. Know that your constitutional rights give you the right to remain silent, and you should do so. This is crucial during arrest or interrogation to avoid self-incrimination.

The Right to Legal Representation

Anyone arrested, regardless of what crime they are suspected of committing, has the right to an attorney during all critical aspects of a case. It starts at the beginning of the interrogation. Whether you have a criminal record or are being arrested for the first time, you have the right to have a legal advocate in your case.

If you cannot afford legal representation and qualify as indigent, the court system will assign you a Public Defender.

What to Do if You're Arrested in Florida

Getting arrested is upsetting and stressful. It can also be scary and confusing, making you feel like you do not know what to do. Here are some practical tips so you can know what to do if you are arrested in Florida:

• Do not make statements to police about what happened and request to speak to an attorney.

• Stay calm and be respectful – it will help you and not escalate the situation.
• Follow instructions – physically do what the officer says, such as “put your hands up.”
• Do not verbally threaten law enforcement.
• Do not physically threaten or use physical force on an officer of the law.
• Do not attempt to run away.

Generally speaking, you do not want to say anything that can be used against you in a court of law or do anything that will escalate the situation, potentially leading to physical harm or additional criminal charges. 

How Understanding Your Rights Can Impact Your Case

Knowing your rights can significantly affect the outcome of your case. Understanding legal protections gives you the information to know what to say and do in the event of an arrest, helping you avoid mistakes that can harm your case.

With this understanding, you can avoid common mistakes such as:

• Speaking to the police about the case without an attorney present.
• Waiting too long to contact an attorney while prosecutors build their case.
• Resisting arrest, potentially leading to additional charges.
• Not invoking your constitutional rights to remain silent.

Legal Help After Being Arrested

It is incredibly important to seek legal assistance immediately after an arrest. An experienced criminal defense attorney will advocate for your rights throughout the legal process, working diligently to get the best outcome possible in your case. 

Your attorney will work with you each step of the way, from right after the arrest through the investigation, arraignment, and pre-trial or trial in the court system. Depending on what happened, an attorney could dismiss or reduce your charges.

The Denson Firm provides skilled and aggressive representation in criminal cases. We are trusted professionals with more than twenty years of experience and a track record of proven results. Schedule a free, confidential phone consultation now.