What Rights Do You Have If You’re Arrested?
June 5, 2025
Being arrested in Florida can be a stressful and overwhelming experience, but knowing your rights can help you work through the process more effectively. From the right to remain silent to the right to an attorney, Florida law guarantees specific rights for those who are detained or arrested.
As a Daytona criminal defense lawyer, I'm dedicated to protecting these rights and making sure that law enforcement follows proper procedures throughout the legal process.
Whether you’re facing charges for a misdemeanor or a more serious felony, having an experienced attorney by your side can make a difference in the outcome of your case.
Here, I'll go over your rights in detail, providing you with a clear understanding of what to expect if you find yourself in this situation.
Your Right to Remain Silent
One of the most important rights you have when you're arrested is the right to remain silent. This means you aren't obligated to answer any questions from law enforcement about your alleged involvement in a crime.
Anything you say can be used against you in court, so it’s usually in your best interest to remain silent until you have legal representation. Politely invoking this right can help protect you from unintentionally saying something that could be misinterpreted or incriminating.
It's important to clearly state that you're invoking your right to remain silent. Simply staying quiet may not be enough to legally assert this protection. You can say something like, "I'm invoking my right to remain silent and would like to speak with an attorney."
Once you’ve done this, law enforcement officers are legally required to stop questioning you. Continuing to speak voluntarily after this point can weaken your legal position, so it's ideal to stay quiet and wait for your lawyer, even if officers continue to engage you in casual conversation.
Your Right to an Attorney
If you're arrested, you have the constitutional right to legal counsel. This right kicks in as soon as you're taken into custody. If you can’t afford an attorney, the state is required to provide you with a public defender.
It's critical to request a criminal defense lawyer immediately and avoid discussing your case with anyone, including police officers, until your attorney is present. Legal counsel can guide you through the legal process, make sure your rights are protected, and help build your defense.
Requesting an attorney must be done clearly and directly. For example, by saying, “I want to speak to a lawyer.” Once this request is made, law enforcement isn't allowed to continue questioning you until your criminal defense lawyer is present.
If they ignore this and proceed with interrogation, any statements you make may be inadmissible in court. Having an attorney from the beginning can also prevent you from unknowingly waiving important rights or making decisions that could negatively impact your case.
Whether it’s a private criminal defense lawyer like me, Attorney Jeff Higgins, or a court-appointed public defender, legal representation is one of the most powerful tools you have after an arrest.
What to Expect After an Arrest
After an arrest in Florida, there are several legal procedures and protections that you can expect to follow:
Booking and processing: You'll be taken to a local jail, fingerprinted, photographed, and entered into the system. This process also includes a background check and inventory of your personal belongings. You'll be held in a cell or holding area until your first court appearance.
First appearance: Within 24 hours, you must appear before a judge who'll inform you of your charges and determine bail. The judge may also consider any prior criminal history and whether you pose a flight risk or danger to the community. You have the right to have an attorney present at this hearing.
Right to know the charges: You have the right to be clearly informed of the criminal charges being brought against you. This allows you and your attorney to prepare an appropriate defense strategy. The charges must be specific and supported by probable cause.
Right to a fair trial: If your case goes to court, you’re entitled to a fair and public trial by jury. This includes the right to present evidence, cross-examine witnesses, and remain innocent until proven guilty. You also have the right to appeal a conviction if errors occurred during your trial.
Right against unreasonable searches: Any evidence collected during an unlawful search may be inadmissible in court. Police must generally have a warrant or a legal exception to conduct a search of your person, home, or property. If your rights were violated during a search, your attorney can challenge the evidence in court.
Knowing these post-arrest steps can help reduce confusion and anxiety during an already difficult time.
Protection Against Self-Incrimination
Under both the U.S. Constitution and Florida law, you can't be forced to testify against yourself. This protection is a core component of your Fifth Amendment rights. During and after your arrest, you’re not required to answer any questions about the alleged crime, your whereabouts, or your involvement.
Law enforcement must inform you of this right through a Miranda warning, which includes the statement that you have the right to remain silent. If police fail to provide this warning before interrogation, any statements you make may not be admissible in court.
Your Right to Reasonable Bail
Florida law grants most arrested individuals the right to bail, which allows for temporary release from custody while awaiting trial. Bail must be set at a reasonable amount based on the nature of the charges, your criminal history, and the risk of flight. In some cases, such as for serious felonies or repeat offenders, bail may be denied.
You also have the right to a bail hearing where your attorney can argue for lower bail or release on your own recognizance (without paying money). Understanding this right is essential, as it can significantly affect your ability to prepare your defense outside of jail.
What Happens If Your Rights Are Violated?
If your legal rights are violated during or after your arrest, you may have grounds to challenge the charges or even have your case dismissed. For example, if you weren't read your Miranda rights or were subjected to an illegal search, your attorney can file motions to suppress any evidence obtained unlawfully.
Additionally, police misconduct or denial of access to legal counsel can lead to civil lawsuits or disciplinary action against the officers involved. It’s important to document any irregularities and inform your lawyer as soon as possible to protect your case and uphold your rights.
Common Mistakes to Avoid After an Arrest
After being arrested, your actions and decisions can significantly impact the outcome of your case. One of the most common mistakes people make is speaking to law enforcement without a criminal defense lawyer present. Even seemingly harmless comments can be misinterpreted or used against you in court.
Another critical error is resisting arrest, even verbally or passively, which can lead to additional charges. It's also important not to post about your case on social media. Anything you share online can be accessed and used by prosecutors.
Failing to appear at court dates or ignoring conditions of bail can also result in warrants, additional charges, or revocation of release. The ideal course of action is to remain calm, assert your rights clearly, and contact a criminal defense lawyer as soon as possible.
An experienced criminal defense lawyer can help you avoid these common pitfalls and build a strong defense from the start.
Contact a Criminal Defense Lawyer Today
If you're being charged with a crime in Daytona Beach, Florida, it's important to know your rights. My law firm, Daytona Defense, is there for you. I serve clients throughout DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact Daytona Defense today to schedule a consultation.