What to Do If You Are Arrested in Florida
Introduction
Being arrested can be a frightening and stressful experience, especially if you don’t know your rights. Whether you are facing misdemeanor or felony charges, understanding what to do in the event of an arrest can significantly impact your case. This guide explains what you should and should not do if you are arrested in Florida.
Step 1: Stay Calm and Comply with the Officer’s Orders
If you are arrested, remain calm and cooperative. Resisting or arguing with law enforcement—even if you believe the arrest is unfair—can lead to additional charges, such as resisting arrest without violence (a misdemeanor) or with violence (a felony).
- Do not attempt to flee or physically resist the officer.
- Comply with commands, but do not answer any questions beyond identifying yourself.
- If you believe your rights are being violated, remain silent and address it later with your attorney.
Step 2: Exercise Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent. Anything you say to the police can be used against you in court. Florida law enforcement officers are required to read your Miranda rights before conducting a custodial interrogation, which includes:
“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.”
- Invoke your right to remain silent. Simply say: “I am invoking my right to remain silent and want an attorney.”
- Do not engage in small talk with officers—they can use casual statements against you later.
- Never agree to a police interview without an attorney present.
Step 3: Do Not Consent to a Search
Police may ask for your consent to search your car, home, or personal belongings. You have the right to refuse unless they have:
- A valid search warrant
- Probable cause (in some situations, such as smelling marijuana in a car)
- A lawful reason such as a search incident to an arrest
Politely refuse by saying:
“I do not consent to a search.”
Even if officers proceed with the search, your refusal can later be used to challenge the legality of the search in court.
Step 4: Ask for an Attorney Immediately
Under the Sixth Amendment, you have the right to legal representation. The moment you request an attorney, officers must stop questioning you. If they continue, any statements you make could potentially be inadmissible in court.
- Say clearly:
“I want to speak to a lawyer before answering any questions.”
- Do not agree to any deals, confessions, or plea bargains without an attorney reviewing the case first.
Step 5: Understand the Booking Process
After an arrest, you will be taken to jail for booking, which includes:
- Taking your fingerprints and mugshot
- Recording personal information
- Running a background check
- Holding you in a cell until your bond hearing or release
Step 6: Bail and Bond in Florida
In most cases, you will have the opportunity to post bail or bond to secure your release.
- Bail: The amount set by the court to ensure you return for future hearings.
- Bond: If you cannot afford bail, a bail bondsman may post bail for a percentage fee (usually 10-15%).
For serious charges, you may need to attend a first appearance hearing where a judge decides if bail is granted or if you will remain in custody.
Step 7: Do Not Discuss Your Case with Anyone
Once released, avoid discussing your case with family, friends, or on social media. Statements you make, even in casual conversations, can be used as evidence against you.
- Assume all jail calls are recorded—prosecutors can and will listen to them.
- Do not post about your arrest on social media.
- Only discuss case details privately with your attorney.
Common Mistakes to Avoid After an Arrest
🚫 Talking to the police without a lawyer
🚫 Resisting arrest or arguing with officers
🚫 Consenting to a search without a warrant
🚫 Posting about your case on social media
🚫 Ignoring court dates or failing to appear in court
When to Contact a Florida Criminal Defense Attorney
If you have been arrested in Florida, do not wait to seek legal representation. An experienced criminal defense attorney can:
✔️ Advise you on your rights and legal options
✔️ Challenge the legality of your arrest or search
✔️ Negotiate bail or secure your release
✔️ Defend you against charges and build a strong case
At Bonderud Law, we aggressively defend individuals facing criminal charges. Call us today for a free consultation if you or a loved one has been arrested in Florida.
Conclusion
Being arrested does not mean you are guilty. Knowing your rights and acting wisely can protect you from making mistakes that harm your case. Remain silent, ask for a lawyer, and avoid self-incrimination—your defense starts the moment you are arrested.
