If you are arrested in Florida, the decision whether to answer any questions is entirely up to you. You should give this matter your careful consideration, because any and all oral statements as well as written statements will be received as evidence in court against you.

If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately. And, you will be afforded an opportunity to speak to an attorney and all questioning should be ceased.

If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent.

Some people are unsure if or when as to when they are technically under arrest. You are under arrest when a law enforcement officer takes you into custody or otherwise deprives you of your freedom of movement in any significant way. The arresting officer must identify himself and to advise you that you are under arrest and why, unless circumstances make it impossible for him to do so at the time.

You may be detained without being arrested based upon reasonable suspicion that you may be involved in criminal activity. You may be required to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law, the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany him to some other location. If the officer has reasonable grounds to believe that you are armed and/or that you may be dangerous to him or others, he may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. At the end of the temporary detention, the officer must either arrest you or let you go. Ordinarily, such temporary detention should not exceed about 20 minutes.

You can be arrested at any time if a police officer has a warrant for your arrest, or if he knows that a warrant for your arrest has been issued. A police officer may make an arrest without a warrant: When he knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer. When the arresting officer has good reason to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony; and When a misdemeanor is committed in the presence of the officer. Under Florida law there are a few specific misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm; and possession of not more than twenty grams of marijuana or other controlled substance, to name a few.

When you are questioned by the police you have the right to remain silent. If you choose to speak, anything you say can be used against you in court. If you decide to answer any questions, you may stop at any time and all questioning should cease. You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be appointed for you by the court without cost to you before any further questions may be asked.

If you do not know a lawyer in the area where you are arrested and do not have a lawyer whom you would call, you may contact the Florida Bar Statewide Lawyers Referral Service at (800)- 342-8011 or your County or City Bar Association for the name of an attorney on the local referral list. Any attorney you contact will be happy to discuss fees with you and give you some idea of the cost involved.

BACK TO TOP