What to Do After an Arrest in Florida: A Step-by-Step Guide

An arrest for any criminal offense can potentially change the course of your entire life. It’s crucial to know what to do after an arrest in Florida and to know your options, whether you have been wrongly charged for a crime you did not commit or you have broken the law. The first steps you take in this situation can dramatically affect the outcome of your criminal case.

What to Do After an Arrest in Florida

Every American has Constitutional rights that come into play when they are arrested for any crime. The Fifth Amendment preserves the right to remain silent; an arrested individual does not need to answer any questions and cannot be compelled to act as a witness against themselves. The Sixth Amendment ensures the right to legal representation; the individual has the right to hire an attorney.

The Florida Department of Law Enforcement (FDLE) regularly publishes crime data collected from throughout the state, and its most recent Crime in Florida abstract covers 2021. That year, Total Index Crime in the state reached 427,524, with 80,823 violent crimes and 346,701 property crimes. There were 33,067 arrests in 2021 for violent offenses, 57,132 for property offenses, and 452,939 other arrests.

When the police arrest an individual in Florida, they are required to read the individual their Miranda Rights, a brief explanation of their Constitutional rights in this situation. They will then complete the booking process, creating their arrest report, and then what happens next typically depends on the severity of the offense. Most arrested individuals are kept in custody for up to 24 hours after arrest, and then they will have their First Appearance in criminal court.

Know Your Rights After an Arrest in Florida

Once you are placed under arrest, it is important that you comply with the instructions of the arresting officers, even if you know you have done nothing wrong. Any refusal to comply can worsen your situation and result in additional charges. Follow their instructions, but remain silent until you can hire a North Port criminal defense lawyer. If the police try to coerce you into answering questions or making a statement, politely request your defense lawyer.

During the arrest, do not consent to any searches. The Fourth Amendment protects against unlawful search and seizure, and police may conduct a search with a warrant signed by a judge. If police establish probable cause for a search, they may do so, but stating that you do not consent to the search could be helpful to your case later. A skilled defense lawyer can leverage your objection during your criminal court proceedings.

After arrest and booking, you should be allowed to make phone calls, and you need to reach out to an experienced criminal defense lawyer immediately. Every case is different, and you may have more options than you initially realize. Your defense attorney can review the circumstances of your arrest, verify that the police conducted the arrest appropriately, and then help you determine your next steps.

Your defense attorney may be able to help you be released from police custody until your arraignment, either on bond or on your own recognizance. They will help you prepare for your arraignment, which is a formal reading of the charges against you and your chance to enter a plea. Your Florida criminal defense attorney can determine how to approach this situation and the most viable defensive strategies available to you.

FAQs About What to Do After an Arrest in Florida

What Do I Do if I’m Wrongly Arrested for a Crime I Did Not Commit?

If you are wrongly arrested for a crime you did not commit, it is crucial that you hire a criminal defense lawyer at your first opportunity. Do not assume that hiring an attorney makes you appear guilty; you have the right to legal representation and will likely need a skilled attorney’s help to challenge the prosecution’s evidence, establish an alibi, or prove that your rights were violated in some way.

What Should I Do While I Wait for My Court Date?

While waiting for your court date, if you are released on your own recognizance or on bail, it is crucial that you avoid breaking the law in any way during this time. If you are released on bond, make sure you fully understand the terms of the bond and make your court date on time. Consult with your attorney to start building your defense, but do not discuss your case with anyone else.

What Do I Do if My Case Is Dismissed?

If your case is dismissed or if you are found not guilty, the record of your arrest can still interfere with your life in various ways. Depending on the details of your situation, expungement or record sealing may be viable options. Your criminal defense attorney can advise you as to what you can do to prevent the arrest from interfering with your life any further.

How Can I Reduce My Penalties in Florida?

In Florida, it is possible to reduce your penalties in different ways, but you will need a criminal defense attorney’s help. They may be able to argue on your behalf for leniency in sentencing under certain conditions. In some cases, prosecutors are willing to make plea deals with defendants, exchanging guilty pleas for lighter sentences, but this is never guaranteed. Consult your criminal defense attorney to determine your most viable options.

What Does it Cost to Hire a Criminal Defense Lawyer in Florida?

The cost to hire a criminal defense lawyer in Florida typically depends on their billing policy and the complexity of your case. Most defense attorneys charge by the hour, so the more time they must spend working on a case, the more it costs their client. Make sure you fully understand your chosen attorney’s billing policy, so you know what to expect when it comes to attorneys’ fees.

Contact Us Today

The team at Ruhl Law, P.A. has a strong record of successful criminal defense representation in Florida, and we are confident we can help you reach a favorable outcome in your case. It’s crucial to know what to do after an arrest in Florida, and hiring criminal defense counsel may be the most important thing to do in this situation. Contact us today to schedule a free consultation with an experienced Florida criminal defense lawyer.