Your Rights When You are Arrested in Florida

orlando criminal defense attorney

Being arrested is an unforgettable experience. So many thoughts and emotions could run through your mind that you may act strangely, causing police officers to treat you more severely in the process of taking you into custody. An arrest can naturally make anyone feel threatened and act defensively, which is why it is crucial to know your rights when you are being arrested in Orlando.

Understanding your rights when you are being questioned by Orlando police officers can go a long way toward protecting you from unlawful police conduct. Learn about your rights, then contact a skilled criminal defense lawyer to fight your arrest.

How Police May Handle Arrests in Orlando

An arrest is evident when an officer holds you for an extended period or when the officer takes you to another location, such as the police station. This may occur after police have detained you for questioning or without warning. Since an arrest significantly restricts your freedom of movement, there are limited circumstances in which police may arrest you.

rights when you are arrested in florida

Misdemeanor Offenses

Generally, an officer may arrest you for a misdemeanor offense when he or she personally witnesses you committing the offense. There are exceptions to this rule; an officer may arrest you for a misdemeanor offense when he did not witness your actions in the following scenarios:

  • You have an outstanding warrant or a long history of failure to appear in court
  • Your medical or mental state might cause you to hurt yourself or others
  • The offense in question is a domestic violence crime
  • You fail to identify yourself (name and date of birth)

Felony Offenses

A police officer does not have to witness you in action to arrest you for a felony crime. If the officer has probable cause to believe you committed a felony, he may arrest you. The court system will determine whether the officer’s belief was reasonable and your innocence or guilt. At this point it is imperative to discuss your felony arrest with a criminal defense lawyer in the Orlando area.

Arrest Warrants

You may be arrested if there is a warrant for your arrest, regardless of whether you know about the warrant. Law enforcement has the duty to serve the warrant and arrest the person to whom it is directed.

An arrest warrant is issued by a judge or a clerk of the courts. Police do not have the power to cancel the warrant. They must, however, show you the warrant within a reasonable time after they arrest you and provide you a copy.

Your Rights When You are Arrested in Orlando

Citizens have several rights to protect them from unlawful interrogations on behalf of law enforcement operations. If you are arrested in Orlando, you should know your rights.

Generally, police may inform you of your rights before questioning. If police question you without reading you your rights, they cannot use anything you say to them against you at trial.

Your rights at a police stop, commonly known as your “Miranda Rights,” consist of:

  • Your right to remain silent
  • Your right to consult a lawyer and have him present during questioning
  • Your right to have the State provide you with a lawyer if you cannot afford one
  • Your right to stop answering the officer’s questions at any time

You do not have to speak to police just short of providing them your basic identification. You may politely decline to answer their questions by saying something like “I wish to speak to an attorney and remain silent on this matter.”

Additionally, you have the right to refuse to consent to a search. Officers who seek consent to search your person or vehicle generally do so when they do not have a search warrant. You may politely decline an officer’s request to search you during any police interaction.

Do I have to surrender bodily samples to police?

The Supreme Court of the United States has ruled that the Fifth Amendment, which protects a person against self-incrimination, only protects communications between citizens and law enforcement officers. This means that police may still force you to surrender a sample that may assist their investigation, including:

  • Breath sample
  • Blood sample
  • Hair sample
  • Urine sample
  • Fingernail clippings
  • Anything else that may help them pin you to a crime

A criminal defense lawyer with The Umansky Law Firm will fight the admission of your bodily sample to be used as evidence against you, where appropriate. The sooner you contact an attorney the better your chance will be of obtaining a strong defense for your unique case.

Your Right to Excellent Representation

Each person deserves to have their rights protected at each step of the criminal process. At The Umansky Law Firm, we believe that everyone deserves a second chance and will fight aggressively to ensure you receive that chance. Our team has over 100 years of combined experience defending those accused of offenses throughout Central Florida. We will do what it takes to provide prompt and effective representation to resolve your criminal matter.

The sooner we can connect on your legal issue, the better the resolution may be. Contact us by calling (407) 228-3838 or complete our contact form for a free case review.