What to Do (and What NOT to Do) After an Arrest in Florida

Getting arrested is one of the most stressful experiences a person can face. In the hours and days that follow, the decisions you make – and the mistakes you avoid – can have a direct impact on the outcome of your case.

Here is what you need to know.

Stay Calm and Comply with the Arrest

Resisting arrest, even if you believe the arrest is unlawful, will almost always make your situation worse. You can challenge the legality of the arrest later – in court, with an attorney – without putting yourself at further risk in the moment. Keep your hands visible, do not make sudden movements, and remain as calm as possible.

Exercise Your Right to Remain Silent

This is the most important thing you can do immediately after an arrest. You have a constitutional right under the Fifth Amendment to remain silent. Do not try to explain yourself, talk your way out of the situation, or volunteer information to law enforcement. Anything you say can – and will – be used against you. Politely tell the officer: “I am invoking my right to
remain silent and would like to speak with an attorney.”

Do Not Consent to Searches

If police ask for your permission to search your car, home, or belongings, you have the right to say no. Consenting to a search waives important legal protections. You are not required to consent, and declining is not an admission of guilt.

Ask for an Attorney Immediately

As soon as you are in custody, ask clearly and directly for an attorney. Once you make this request, law enforcement is required to stop questioning you. Do not wait to see how things unfold – the earlier an attorney is involved, the more options you have.

Do Not Discuss Your Case with Anyone

Do not talk about your case with family or friends while in custody, and especially not over jail phone lines, which are recorded. The only person you should discuss the details of your case with is your attorney.

What Happens Next

After your arrest, you will typically be taken to a detention facility for booking. Within 24 hours, you will appear before a judge for a first appearance hearing, where bond may be set. This is another critical point where having experienced legal representation matters – the right attorney can argue for a lower bond or your release on your own recognizance.

Contact The Ishak Law Firm

If you or a loved one has been arrested in Florida, do not wait. The sooner you have an attorney working on your case, the better positioned you are to protect your rights and fight for the best possible outcome. Contact The Ishak Law Firm today for a confidential consultation.