When most people think of being arrested, they think of a police officer placing handcuffs on an alleged criminal and putting them in the back of a police car. But there's more to it than just taking a suspect into custody. An arrest triggers a cascade of legal events that include specific police responsibilities and arrest rights for the suspect.
Innocent or not, you need to know your rights if you are arrested.
Not all detentions by the police are considered an arrest. In some instances, the police may detain a person so that they can issue a citation for a minor traffic violation or a notice to appear for a criminal misdemeanor. Once a suspect signs a citation, it is considered an agreement to appear in court at a later date.
How Are People Arrested?
An arrest requires probable cause, meaning a reasonable belief, based on facts, that the person committed the crime in question. In some cases, an arrest is made when a suspect is seen committing a crime. More often, the police must investigate the crime and may arrest a suspect once they have enough evidence of their possible guilt.
If an arrest is made at your home, an arrest warrant is required, and the arresting officers must “knock and announce” their presence. This rule does not apply in urgent situations, such as when someone is in danger or there is a possibility that evidence may be destroyed. A judge issues the arrest warrant based on sworn statements that establish probable cause. Different rules govern searches carried out without a warrant. A resisting arrest lawyer may be the best option if you are facing charges to this specific law.
What Happens When an Arrest Is Made?
If you are arrested and questioned by the police, they must first give you the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966). People call this being Mirandized. Police only need to read you these rights if you are in custody and they are interrogating you or, in other words, asking you questions that are likely to elicit an incriminating response.
If the police do not ask you these types of questions and you are not in custody, whatever you say can be used against you. In addition, when an individual is arrested, the police may search them to determine if they have weapons and to ensure they do not have any evidence on their person that they may try to destroy. This is allowed even where an officer is detaining you for a minor offense for which a citation is issued and no physical arrest is made.
What Are Miranda Rights in Florida?
If you've been arrested, are in police custody, and are being questioned about any alleged criminal activity, the police must read you your Miranda rights in Florida. They must tell you about specific constitutional rights, known as Miranda rights, that set out your protections under the law.
The Miranda Rights let you know that you don't have to answer any questions, you can ask for an attorney to be present, and that the court will provide an attorney if you can't afford one. You're immediately asked if you understand the rights read to you. In addition, you're informed that if you choose to waive your rights, then anything you say can be used against you.
When Is the Miranda Warning Required?
It doesn't matter where you are arrested or interrogated, if you are in custody, the police must read you the Miranda Rights if they want to ask you any questions and use your answers as evidence at trial. If you are not in police custody, you don't have to be Mirandized and anything you say can be used at trial.
For example, a police officer apprehends a suspect who assaulted someone on the street. Even though he has witnessed the assault, the suspect had rights and must be Mirandized. If you are not arrested, or if you have been arrested but not questioned, you don't need to be Mirandized.
If you refuse to answer any questions after being Mirandized, the police may decide to try again later and re-Mirandize you. If you clearly ask for a lawyer, questioning has to stop. Under Edwards v. Arizona, 451 U.S. 477 (1981), officers cannot restart the interrogation on their own once you have asked for counsel, and statements taken in the meantime are generally inadmissible. Ask plainly, because under Davis v. United States, 512 U.S. 452 (1994) a hedged remark such as maybe I should talk to a lawyer does not count as invoking the right and does not require officers to stop.
Once Arrested, Stay Silent
Once arrested, the best course is to remain silent, except to ask for an attorney. And stay silent until your defense attorney is present. This is your right. Tell the arresting officer your name if asked, and give your real one. Under Florida Statute 901.36(1), giving a false name to an officer after an arrest or a lawful detention is a first-degree misdemeanor, and under Florida Statute 901.36(2) it becomes a third-degree felony if the false identification adversely affects another person. If you are booked into jail, you may answer questions about your height and weight, and whether or not you've been in jail before.
You can ask to make a phone call and to speak to a lawyer. This advice is the same whether or not you are innocent, and whether or not the crime is something serious or something minor. Explaining yourself on the spot usually makes things worse. By the time an officer is arresting you, that officer has already concluded there is probable cause, and an explanation at the roadside will not undo it.
Resist the urge to talk to the officers at all. Of course, you have the right to stop talking at any time, but it is often psychologically difficult to stop once you've started. So, just don't start. That also goes for talking to anyone while you are in jail. Keep in mind that everything you say while in jail can be monitored, with the exception of communications with your defense attorney. This includes your jail calls.
What Happens If the Police Don't Read You Your Rights?
A missing Miranda warning does not get the case thrown out. What it does is keep your own words out of evidence. If you were in custody, were interrogated and were never warned, your answers are generally inadmissible against you at trial, but the charge stands and the state can still try to prove it with everything else it has.
How To Obtain Freedom after Being Arrested?
The only way for you to obtain your complete and total freedom from the charges after being arrested is if the government drops the charges against you, and if that doesn't happen, you must follow the legal procedure to get out of jail. This may include release on bail or on your own recognizance. Florida Rule of Criminal Procedure 3.130(a) requires that every arrested person who has not already been released be taken before a judge within 24 hours of arrest, and that first appearance is normally where bond is set.
A defense attorney works the case on several fronts at once: challenging how the evidence was gathered, testing whether the state can prove each element, and negotiating over release conditions or a resolution of the charge.
If you need a criminal defense attorney in Florida with real courtroom experience, contact Weinstein Legal Team. If you or a loved one are accused of committing a crime, we can help.
