| What happens when you get arrested?
The first question is whether you have been arrested:
You are arrested when law enforcement officers
take you into custody or otherwise deprive you
of your freedom of movement in any significant
way, in order to hold you to answer for a criminal
offense. Another way of describing this is being
detained or no longer free to leave.Police officers,
under Florida law, are obligated to identify themselves
and to advise you that you are under arrest and
why, unless circumstances make it impossible for
them to do so at that time. This is not to say
that you can when a case if the police never identifies
themselves, but rather that the police office
should have done so prior to the arrest.You may,
in fact, be under arrest even though no one has
actually used the word "arrest" or any
other comparable word. The fact that you have
been deprived of your freedom of movement in some
significant manner may amount legally to an arrest.
Ordinarily, private citizens do not have power
of arrest in Florida; but under limited circumstances
a private party may make an arrest where an actual
commission of a felony is involved.
A. CAN A LAW ENFORCEMENT OFFICER DETAIN YOU
WITHOUT ARRESTING YOU?
Based upon reasonable suspicion (not to be confused
with probable cause) that you may be involved
in criminal activity, a police officer may require
you 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 the officer to
some other location. If the officer has reasonable
grounds to believe that you are armed, he or she
may conduct a limited pat-down of your outer garments
for the purpose of detecting weapons. If this
"frisk" results in reasonable belief
on the part of the officer that you are carrying
a weapon, the officer may remove the suspicious
object for protection. The officers must return
to you any unlawful object found unless you are
placed under arrest. Unless the officer places
you under arrest, the frisk or search must be
limited to suspected weapons. The officer may
ask you some questions in order to complete the
field interrogation card. You have a constitutional
right to not answer them, or give your name, unless
the officer has an articulable suspicion that
you are involved in a crime. At the conclusion
of this temporary detention the officer must either
arrest you or let you go. There is not specific
time that the officer must complete the detention.
A reasonable detention is based on the circumstances
surrounding the detention.If you should enter
a retail establishment where goods are placed
on display and for sale, the merchant or the employees
may detain you on the premises for a reasonable
time for questioning if they have probable cause
to believe that you have stolen or have attempted
to steal goods for sale. Under such circumstances
a police officer called to the scene may make
an arrest for shoplifting even though the alleged
offense was not committed in the officer's presence.
B. WHEN ARE YOU ARRESTED WITH A WARRANT?
A police officer may arrest you at any time if
he or she has a warrant for your arrest, or if
the officer knows that a warrant for your arrest
has been issued. A warrant is an order issued
by a court charging that you committed a particular
crime and directing the sheriff and all police
officers of the state to arrest you and bring
you before the court. You may require the officer
to read the warrant after you have been arrested.
An arrest warrant should not be confused with
a search warrant.
C. WHEN ARE YOU ARRESTED WITHOUT A WARRANT?
In Florida, a police officer may make an arrest
without a warrant under a variety of circumstances.
Among those circumstances are: 1. When the officer
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;
2. 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. A felony
is a crime which is punishable by death or by
imprisonment in the state penitentiary for a term
of years. Examples of felonies include the more
serious crimes such as murder, sexual battery,
robbery, burglary, sale of narcotics, as well
as grand larceny, keeping a gambling house and
many others; 3. When a misdemeanor is committed
in the presence of the officer. Under Florida
law, there are a few specified 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, possession of not more than
twenty grams of marijuana and a few others.
D. CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST?
The officer may employ all reasonable and necessary
force to overcome resistance in making a lawful
arrest. The legality of the arrest has nothing
to do with whether or not you are ultimately convicted.
As long as the officer has reasonable grounds
for making the arrest at the time for the arrest,
you cannot claim later that the arrest was unlawful
merely because you were found not guilty. Resisting
arrest with violence is a felony under Florida
law. Resisting arrest without violence or offering
to do violence is a misdemeanor. You could be
convicted of either of these crimes, even if you
were found not guilty of the crime for which you
were arrested. Obstructing an officer with violence
is also a felony under Florida law. Obstructing
or interfering with an officer on duty without
violence is a misdemeanor. If you believe that
your rights are being violated, make it a point
to remember exactly what the police officer did
and then advise your attorney concerning this
at the earliest possible time.
E. WHEN ARE YOU SEARCHED?
While the law of search and seizure is very complex,
and often will depend on the facts and circumstances
in a particular case, you should not resist a
search with force; however, neither should you
consent to an improper search. If you do object
to a particular search, advise the officer who
is conducting it that you do not consent, that
you do object to the search and ask the officer
to identify himself or herself. In most cases
involving search and seizure issues, "reasonableness"
of the search is the legal test without a search
warrant. If police officers arrive at your premises
armed with a search warrant, they may search only
that area or portion authorized in the warrant
itself. You are entitled to have a copy of the
search warrant left with you and served on you
if you are present. If you are arrested in your
home, the officers may conduct a limited search
of the immediate area where you are arrested without
a search warrant. They also may check the rest
of the house for any hidden accomplices. They
may seize any contraband, stolen property, instrumentalities
or evidence of a crime that they discover in plain
view in any portion of the house where the officers
have a right to be. Your automobile may also be
impounded and inventoried if there is no qualified
licensed driver or towing agent to take charge
of it. If an officer is about to impound your
car, tell the officer if you have a relative or
friend who will come and get it, or that you have
a preference of your own station, to tow your
car.
F. WHAT PROCEDURES ARE USUALLY FOLLOWED WHEN
YOU ARE ARRESTED?
- The officer will take you to a police station.
- You will be advised generally as to the charges
against you. However, these charges may be changed
later and stated in more detail by the office
of the prosecuting attorney or in some instances
by the grand jury.
- You may be required to participate in a lineup,
to prepare a sample of your penmanship, or to
speak phrases associated with the crime with
which you are charged, to put on certain wearing
apparel or to give a sample of your hair. You
should ask to have your attorney present during
any of these procedures. You have an absolute
right to counsel, if you are asked to participate
in a lineup after you have been formally charged
by the prosecuting attorney or indicted by a
grand jury.
- You also may be required to be fingerprinted
and photographed.
- You will be arraigned at a court session or
your attorney will file a written plea on your
behalf. An arraignment is no more than a plea
of guilty, not guilty or no contest to the charge.
If you plead not guilty, a trial date will be
set. If you plead guilty or no contest, a sentencing
date will be set, generally after the court
has received a pre-sentence investigation report
from probation and parole.
G. WHAT HAPPENS TO PERSONAL PROPERTY WHEN ARRESTED?
If you should be booked into a jail, the police
may take money and property from you for safekeeping.
They will carefully inventory your money and property
and give you a copy of the inventory. At the time
of your release or at the conclusion of your case,
such money or property that was not seized as
evidence in the case will be returned to you.
You will be given an opportunity to sign the property
list. You should make certain that the list includes
all the items taken from you.
H. WHAT ARE YOUR RIGHTS AFTER YOUR ARREST?
You have a right to know the crime or crimes with
which you have been charged.You have a right to
know the identity of the police officers who are
dealing with you. This is your right to statute
and by custom. You have the right to communicate
by telephone with your attorney, family, friends,
or bondsperson as soon after you are brought into
the police station as practicable. The police
have a right to complete their booking procedures
before you are allowed to use the telephone. You
have the right to be represented by counsel at
all critical stages of your case. If you cannot
afford an attorney, the court will appoint an
attorney to represent you free of charge, if you
qualify under existing criteria as an insolvent
person. This right pertains to any offense, however,
trivial, for which any imprisonment whatsoever
might result. Constitutional rights may be waived
or given up voluntarily. Before you say or sign
anything that might result in waiver of a constitutional
right, weigh your decision carefully.
I. WHAT RIGHTS DO YOU HAVE WHEN 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 will
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 provided for you or
appointed for you by the court without cost
to you before any further questions may be asked.
J. HOW ARE YOU RELEASED?
You may be released upon personal recognizance
(your promise to appear in court when directed),
or you may be released on bail, which involves
the posting of either cash money or a surety bond
as security for your court appearance. Bail bonds
from licensed sureties are usually available at
a cost of 10 percent of the amount of the bail.
If you are taken into custody and booked into
the jail and remain there, you must be brought
before a magistrate within 24 hours of your arrest.
At that appearance, you may request that the magistrate
lower your bail in consideration of your ties
in the community, financial resources, employment
record or any other factors, including your past
criminal record and your past history of failure
to appear in court when scheduled. Upon arrival
at the jail or shortly thereafter, you will be
given an opportunity to contact your attorney.
The attorney, in turn, may arrange for the posting
of a bond and may appear with you in court and
ask the court to lower the bail if it is believed
to be excessive under the circumstances.
GENERAL INFORMATION:
If you are arrested in Florida, the decision whether
to answer any questions is entirely your own.
You should give this matter your careful consideration
because 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. 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. This information
gives you a brief overview of what you or someone
else you know has encountered in the past. What
you have read is the way the system is supposed
to work. That does not mean that it does or did
work according to the exact letter of the law.
Once a person is arrested the process of getting
out of such a mess is tremendous. Between court
appearances and fears of going to jail many people
give up and plead guilty to something they did
not commit. Only a quality attorney can keep the
case together and all the way thru a trial.AT
THE LAW OFFICES OF RUSSELL MACE WE HAVE TREMENDOUS
EXPERIENCE IN THE FOLLOWING AREAS OF CRIMINAL
DEFENSE:· DUI · DRUG ARRESTS·
JUVENILE DELINQUENCY (All Felonies and Misdemeanors)
· ALL FELONIES Please call or email if
you need any further information.
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Arrests,
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