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What to Do After Being Arrested in Florida

August 18, 2023
By The Wiseman Law Firm

When you’re arrested, understanding your rights and knowing the right steps to take can significantly impact the outcome of your case. This article will serve as a guide, outlining the important actions you should take, and those you should avoid if you ever find yourself in such a situation. 

What You Should Do If Arrested  

If you are being arrested, you should take the following steps:  

  1. Invoke your Miranda rights. The first thing you should do after an arrest is to invoke your Miranda rights. These rights are named after the landmark U.S. Supreme Court case, Miranda v. Arizona, and they protect you from self-incrimination. When law enforcement arrests you, they must inform you of these rights, including the right to remain silent, the right to an attorney, the right to stop questioning during an interrogation, and the right to be informed of the consequences of waiving your rights. Despite the common misconception, invoking your Miranda rights is not an admission of guilt. Instead, it’s a way to protect yourself and your interests. 

  1. Contact an experienced criminal defense attorney. Once you’ve invoked your Miranda rights, it’s vital to establish legal representation with experienced criminal defense attorneys. They have the specialized knowledge and experience to navigate the complex legal system and build a strong defense on your behalf. A criminal defense attorney can also help ensure your rights are protected throughout interrogations and offer you tailored legal counsel throughout your case.  

  1. Be silent but compliant. While it’s important to cooperate with law enforcement, you should exercise your right to remain silent until your attorney is present. Stay calm and avoid exacerbating the situation by being polite and adhering to the instructions given by officers.  

  1. Discuss the charges and the arrest with your attorney. After your arrest, you should take note of who arrests you, who witnesses the arrest, and other circumstances of your arrest, so that you can inform your attorney. If anyone behaved improperly, they could advise you of your legal options, and they can also use the information to build your defense. In addition to discussing the arrest, you should discuss the charges against you so you can understand the allegations and the potential consequences of a conviction. Your attorney can evaluate the strengths and weaknesses of your case and develop an effective defense strategy. 

  1. Understand your right to bail. Bail is the amount of money set by the court that allows an arrested person to be released from custody. If you are awarded bail, you can await trial while living at home (as long as you comply with the court’s conditions. Your attorney can help you fight to obtain a reasonable bail amount.  

  1. Work with your attorney on your defense. With your attorney’s help, start preparing for the case. Gather evidence, identify potential witnesses, and understand the court procedures. Your goal should be to secure a positive outcome in court. 

What You Should Never Do If You Are Arrested  

The don’ts, when you are arrested, include:   

  • Don’t resist arrest. Resisting arrest, even if you believe the arrest is unjust, can lead to additional charges and escalate the situation unnecessarily. It’s better to comply with the arresting officer’s instructions and address any concerns about the arrest later with your lawyer. 

  • Don’t consent to searches without a warrant. Unless the police have a warrant or probable cause, you have the right to refuse searches of your person, car, or home. Consenting to a search without a warrant can provide the police with evidence that could be used against you. 

  • Don’t discuss your case with others. Discussing your case with anyone other than your attorney can be risky. Conversations with friends or family members could potentially be used as evidence against you. It is best to only discuss your case with your attorney who is bound by attorney-client privilege. 

  • Don’t try to negotiate. Negotiating with police or prosecutors without your lawyer present is a bad idea. Law enforcement officials are experienced negotiators, and you may inadvertently harm your case or agree to unfavorable terms. 

  • Don’t lie to law enforcement or your attorney. Lying to law enforcement can result in additional charges, such as perjury or obstruction of justice. Always stick to the truth. However, remember your right to remain silent if the truth may incriminate you. It is also important that you are honest with your attorney. Your defense attorney is there to help you and can only act in your best interest if they have all the facts.  

  • Don’t ignore your attorney’s advice. While you are in charge of your defense, you have trusted your attorney to act as an advocate and guide with your case. If your attorney offers counsel you disagree with or have questions about, discuss your concerns with them before simply dismissing the advice. Ignoring their advice can seriously harm your case. Always consult with your attorney before making any decisions related to your case.  

Experienced Criminal Defense Attorney  

Being arrested can be a challenging and stressful experience. However, understanding your rights and taking the right steps can make a significant difference in the outcome of your case.  

At The Wiseman Law Firm, our attorney has over two decades of experience helping clients navigate their legal challenges. If you or a loved one have been arrested, you can trust our firm will counsel you.  

From the moment of your arrest, we provide immediate, comprehensive legal support—advising you during police questioning, meticulously investigating the circumstances of your case, and crafting a robust defense strategy. We are committed to minimizing the impact of the arrest on your life and relentlessly work towards the most favorable outcome, whether that’s case dismissal, reduced charges, or acquittal at trial. 

We provide clients with an aggressive defense against all types of criminal charges, including: 

  • Assault and battery  

  • Domestic violence  

  • DUI  

  • Theft crimes 

  • Sex crimes  

  • Juvenile crimes 

  • Drug crimes 

  • RICO charges 

  • White collar crimes  

  • Federal offenses   

If you are arrested or charged with a crime, contact our attorney for legal counsel by calling 407-420-4647.  

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