Arrested in Florida? Essential Rights Every Suspect Needs to Know

What to Do If You’re Arrested in Florida: Your Rights Explained

Being arrested is one of the most stressful experiences anyone can face. Whether you’re stopped at a traffic checkpoint, questioned at your home, or taken into custody unexpectedly, knowing your rights under Florida law and the U.S. Constitution can protect you from making statements or decisions that could damage your case.

Many people unknowingly make critical mistakes during arrest—answering questions without an attorney, consenting to searches, or making statements they believe are helpful but that prosecutors later use against them. Understanding what to do (and what not to do) in the critical moments following an arrest can significantly impact the outcome of your case.

This guide explains your constitutional rights during arrest in Florida, what law enforcement can and cannot do, and the essential steps to protect yourself legally.

Your Constitutional Rights During Arrest in Florida

When you’re arrested in Florida, you have fundamental rights guaranteed by the U.S. Constitution and Florida law. These rights apply regardless of what you’re being arrested for.

1. The Right to Remain Silent (Fifth Amendment)

You have the absolute right to refuse to answer questions. Anything you say can and will be used against you in court—this isn’t just a formality police recite; it’s a legal reality.

What this means:

• You do NOT have to answer questions about where you’ve been, what you were doing, or whether you committed a crime

• You do NOT have to explain yourself or provide your “side of the story”

• You can invoke this right at any point—even if you initially answered questions

How to invoke it: Simply state clearly: “I am invoking my right to remain silent” or “I want to speak with an attorney before answering questions.”

Critical mistake to avoid: Many people think that remaining silent makes them “look guilty.” The opposite is true—prosecutors cannot use your silence against you in court (with very limited exceptions), but they absolutely can and will use your statements against you.

2. The Right to an Attorney (Sixth Amendment)

You have the right to have a lawyer present during any questioning. Once you invoke this right, police must stop questioning you until your attorney is present.

How to invoke it: State clearly: “I want a lawyer” or “I will not answer questions without my attorney present.”

What happens next:

• Police must stop all questioning immediately

• You should not be pressured to waive this right

• If you cannot afford an attorney, one will be appointed to represent you (public defender)

Important: Be clear and direct. Saying “Maybe I should talk to a lawyer” or “Do you think I need a lawyer?” is NOT a clear invocation. Police can (and do) continue questioning after ambiguous statements.

3. The Right to Refuse Consent to Searches

Police generally need a warrant to search your person, vehicle, or home—unless you consent. Without a warrant or consent, they need “probable cause” and “exigent circumstances” to conduct a search.

What this means:

• You can refuse consent to search your vehicle, home, phone, or belongings

• Refusing consent does NOT give police the right to search anyway

• If police search anyway, the legality can be challenged later in court

How to refuse: State clearly: “I do not consent to any searches.”

Exception—searches incident to arrest: If you’re lawfully arrested, police can search your person and the immediate area around you for weapons and evidence. They can also search your vehicle if they have probable cause to believe it contains evidence of the crime you’re arrested for.

Florida-specific note: Under Florida law, police must have reasonable suspicion (not just a hunch) to stop you, and probable cause to arrest you. If they lack these, evidence obtained may be suppressible.

4. The Right to Know Why You’re Being Arrested

Police must inform you of the charges against you. You have the right to know what crime you’re being arrested for, though they don’t have to explain all the details immediately.

Reality: Sometimes police arrest you without fully explaining the charge in the moment, especially if the situation is chaotic. You’ll be formally informed of charges at your first appearance hearing (usually within 24 hours).

5. The Right to a Phone Call

Florida law requires that you be allowed to make a phone call within a reasonable time after arrest. This allows you to contact family, arrange bail, or reach an attorney.

Practical tip: Use this opportunity wisely. Call a family member who can contact a criminal defense attorney on your behalf, or call an attorney directly if you have one.

Warning: Jail phone calls (except those to your attorney) are recorded and can be used as evidence against you. Do NOT discuss your case on jail phones.

What Police Can Do During an Arrest in Florida

Understanding what police are legally permitted to do helps you distinguish between lawful police conduct and potential violations of your rights.

Police CAN:

✓ Stop and question you if they have “reasonable suspicion” you’re involved in criminal activity (Terry stop)

✓ Pat you down for weapons if they reasonably believe you’re armed and dangerous

✓ Arrest you without a warrant if they have probable cause to believe you committed a felony or certain misdemeanors

✓ Search you incident to lawful arrest for weapons and evidence

✓ Search your vehicle if they have probable cause to believe it contains evidence of a crime

✓ Impound your vehicle if you’re arrested while driving and there’s no licensed driver to take possession

✓ Take your mugshot and fingerprints upon booking

✓ Hold you for up to 24 hours before your first appearance hearing (though it’s usually much faster)

✓ Use reasonable force necessary to effectuate the arrest if you resist

Police CANNOT:

✗ Arrest you without probable cause – They need a reasonable belief based on facts that you committed a crime

✗ Search your home without a warrant (absent consent or exigent circumstances like pursuing a fleeing felon or preventing destruction of evidence)

✗ Continue questioning after you invoke your right to an attorney – Once you clearly ask for a lawyer, questioning must stop

✗ Use excessive force – Force must be proportional to the situation; excessive force violates your Fourth Amendment rights

✗ Search your phone without a warrant – The U.S. Supreme Court ruled in Riley v. California (2014) that police need a warrant to search your cell phone, even incident to arrest

✗ Threaten or coerce you into giving up your rights or making statements

✗ Deny you medical attention if you have a serious health issue

Step-by-Step: What to Do When You’re Arrested in Florida

Step 1: Stay Calm and Cooperative (Physically, Not Verbally)

Do:

• Remain calm and polite

• Keep your hands visible

• Follow physical commands (e.g., “put your hands behind your back,” “get in the vehicle”)

• Provide your identification when legally required

Don’t:

• Argue, resist, or physically struggle (can result in additional charges like resisting arrest)

• Make sudden movements

• Run (fleeing adds charges and gives police legal justification for force)

• Touch the officer or their equipment

Florida law note: Resisting arrest without violence is a first-degree misdemeanor in Florida (§843.02). Resisting with violence is a third-degree felony (§843.01). Even if the arrest is later found to be unlawful, you can still be convicted of resisting.

Step 2: Invoke Your Rights Immediately

As soon as possible, clearly state:

“I am invoking my right to remain silent. I want to speak with an attorney before answering any questions.”

Then stop talking. Do not be persuaded by:

• “It will go easier if you cooperate”

• “Just tell us your side and we’ll let you go”

• “Your friend already told us everything”

• “We just need to clear this up”

These are common interrogation tactics designed to get you to waive your rights and make statements.

Step 3: Do NOT Consent to Searches

If police ask to search your vehicle, home, phone, or belongings, clearly state:

“I do not consent to any searches.”

If they search anyway, do not physically resist—but make your refusal clear. Your attorney can later challenge the search’s legality in court.

Step 4: Do NOT Answer Questions (Even “Friendly” Ones)

Police are trained interrogators. Seemingly innocent questions like:

• “Where are you coming from?”

• “Have you been drinking tonight?”

• “Do you know why we stopped you?”

• “Is there anything illegal in the car?”

…are designed to gather evidence and establish probable cause. Your answers can only hurt you. Politely decline:

“I’m invoking my right to remain silent and would like to speak with my attorney.”

Step 5: Request an Attorney Immediately

At booking and your first appearance, request a lawyer:

• If you can afford to hire one, contact a Florida criminal defense attorney as soon as possible

• If you cannot afford one, request a public defender at your first appearance hearing

Do not discuss your case with police, jail staff, cellmates, or anyone except your attorney. Everything else can be used against you.

Step 6: Document Everything You Remember

As soon as you’re able (after release or after speaking with your attorney), write down:

• What happened leading up to the arrest

• What the officer said

• Whether you were read your Miranda rights (and when)

• Whether you invoked your rights

• Any witnesses present

• The officer’s badge number and name

• Any injuries you sustained

Time-sensitive evidence: Memories fade quickly. Documenting details immediately helps your attorney build your defense.

Step 7: Do NOT Discuss Your Case on Jail Phones

Jail phone calls are recorded (except calls to your attorney). Prosecutors routinely review these recordings for incriminating statements.

Never discuss on jail phones:

• What happened

• Whether you’re guilty or innocent

• Evidence in the case

• Witness names

• Defense strategies

Tell family: “I can’t talk about this on the phone. Please contact a lawyer for me.”

Step 8: Attend Your First Appearance Hearing

Within 24 hours of arrest (or the next business day if arrested on a weekend), you’ll appear before a judge for a “first appearance” or “advisory hearing.”

What happens:

• Judge informs you of the charges

• Judge determines if there was probable cause for arrest

• Judge sets bail or orders release on your own recognizance (ROR)

• You can request a public defender if you cannot afford an attorney

Important: This is NOT the time to explain your case or argue innocence. Simply request an attorney and follow the judge’s instructions.

Common Mistakes People Make During an Arrest

❌ Mistake #1: Trying to “Talk Your Way Out of It”

The reality: You cannot talk your way out of an arrest once the officer has decided to arrest you. Anything you say will be documented and used to build the prosecution’s case.

Solution: Invoke your right to silence and request an attorney.

❌ Mistake #2: Consenting to Searches to “Prove Innocence”

The reality: Even if you believe you have nothing to hide, consenting to a search waives your Fourth Amendment rights and can lead to unexpected discoveries (even items you didn’t know were there, like a passenger’s drugs in your car).

Solution: Always refuse consent. If police have legitimate probable cause, they’ll search anyway—but at least your attorney can challenge it later.

❌ Mistake #3: Answering “Just a Few Questions”

The reality: There’s no such thing as “just a few questions.” Every question is designed to gather evidence. Police are trained to build rapport, get you talking, and extract incriminating information.

Solution: Politely but firmly invoke your right to remain silent immediately.

❌ Mistake #4: Believing “It Will Go Easier If You Cooperate”

The reality: Police are legally allowed to lie to you during investigations. Promises of leniency, claims that “your friend already confessed,” or suggestions that cooperation will help are tactics to get you to waive your rights.

Solution: The only person who can negotiate on your behalf is your attorney. Don’t fall for interrogation tactics.

❌ Mistake #5: Resisting Arrest (Even Unlawful Ones)

The reality: Under Florida law (§843.02), you can be charged with resisting arrest even if the underlying arrest was unlawful. The proper remedy for an unlawful arrest is in court, not on the street.

Solution: Comply physically (don’t resist), but invoke your rights verbally. Challenge the arrest’s legality later with your attorney.

What Happens After You’re Arrested in Florida

Booking Process

After arrest, you’ll be taken to the county jail for “booking”:

• Personal information collected

• Mugshot and fingerprints taken

• Personal property inventoried and stored

• Warrant check conducted

• Housing assignment

Timeline: Booking typically takes 2-6 hours depending on jail volume.

First Appearance Hearing

Within 24 hours (or next business day), you’ll appear before a judge via video or in person:

• Judge advises you of charges

• Probable cause determination

• Bail set or denied

• Public defender appointed if you qualify

Bail in Florida: Judges consider:

• Severity of charges

• Criminal history

• Flight risk

• Danger to community

• Ties to the area

Florida Statute §907.041 governs pretrial release and bail.

Release Options

Released on Own Recognizance (ROR): No money required; you promise to appear for court dates

Cash Bond: Pay full bail amount (refunded when case concludes if you appear for all hearings)

Surety Bond: Pay 10% to a bail bondsman who posts full amount (non-refundable fee)

Pretrial Supervision: Release with conditions (check-ins, drug testing, GPS monitoring)

Arraignment

Within 30-45 days, you’ll be arraigned:

• Formal reading of charges

• You enter a plea (guilty, not guilty, no contest)

• Trial date set if you plead not guilty

Strategy: Most defendants plead “not guilty” at arraignment to preserve options while the attorney investigates and negotiates.

 

Protect Yourself by Knowing Your Rights

Being arrested is frightening and disorienting, but knowing your constitutional rights and how to invoke them can significantly impact your case’s outcome. The most important actions you can take are:

✓ Remain silent – Invoke your Fifth Amendment right immediately
✓ Request an attorney – Do not answer questions without legal representation
✓ Refuse consent to searches – Protect your Fourth Amendment rights
✓ Stay calm and don’t resist – Physical resistance creates additional charges
✓ Document everything – Write down details as soon as possible for your attorney

Remember: Police are investigating a crime and building a case—not helping you. Everything you say is evidence that can be used against you, even if you’re innocent. Your best protection is exercising your right to remain silent and obtaining experienced legal representation.

If you’ve been arrested in Florida, contact a criminal defense attorney immediately to protect your rights and build your defense.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Criminal law and arrest procedures can vary based on specific circumstances and jurisdictions within Florida. Reading this article does not create an attorney-client relationship. If you’ve been arrested, consult a qualified Florida criminal defense attorney immediately for advice specific to your situation.

Contact Information:

Roussos Law Group

2701 W Busch Blvd Ste 201
tampa, FL 33618
United States

Elpiniki “Nikki” Roussos
(813) 946-1019
https://rlgfl.com/