Learn Your Rights, Understand the Law, and Protect Yourself Before You're Arrested in Florida
If you've ever been pulled over by the police or questioned as part of an investigation, you might be wondering: Can I call an attorney even if I haven't been arrested yet? The short answer is yes, and you absolutely should. Many people don't realize that contacting an attorney before an arrest can be a crucial step in protecting your rights and potentially avoiding criminal charges altogether.
As an experienced Florida criminal defense lawyer, I've seen how early legal intervention can make all the difference. Whether you're being questioned by the police or simply under suspicion, the law gives you the right to consult with a lawyer at any point. Here, I'll explain why you should call an attorney before an arrest, the relevant statutes that protect your rights, common defenses that might apply, and why having a private attorney on your side is crucial.
Florida's Right to Counsel: Can I Call an Attorney if I Haven't Been Arrested Yet?
You might not realize this, but Florida law protects your right to consult with an attorney at any time during an investigation, even before you're formally arrested.
Florida Statutes § 901.19 outlines your rights when the police are questioning you. It gives you the right to refuse to answer questions, and it also allows you to request an attorney before you make any statements.
Here's the text from Florida Statutes § 901.19:
"A person who is the subject of a criminal investigation has the right to remain silent and to consult with an attorney before answering any questions."
This statute confirms that you have the right to consult with an attorney before answering questions, even if you have not been arrested. The moment you feel uncomfortable or you think you might be at risk of being arrested, it's in your best interest to make that call.
Why Should You Call an Attorney Before an Arrest?
If you're being questioned or stopped by the police, you might feel like you need to answer their questions to avoid suspicion. However, answering questions without legal counsel can be dangerous for a few reasons:
- You might unintentionally incriminate yourself. Even if you aren't under arrest, anything you say to the police could be used against you. The police are trained to ask questions that might make you appear guilty, even if you're not. Your responses can be misinterpreted, or you might accidentally provide information that makes it harder for your defense later.
- The police may try to get you to waive your rights. If you're questioned and unsure of your rights, the police might ask you to waive your Miranda rights or sign a statement that could later be used as evidence against you. Having an attorney ensures that your rights are protected at every step.
- You may not be fully aware of the investigation against you. Police may ask questions to see if you're connected to a crime they're investigating. Sometimes, they don't even need to arrest you right away. If they suspect you're involved in criminal activity, your answers can lead them to take further action—including making an arrest.
- Early legal advice can prevent charges. Sometimes, simply having an attorney advise you during an investigation can help steer the course of the case. Your attorney might be able to intervene before the police have enough evidence to charge you, or they may be able to get charges dropped before they escalate.
Real-World Example: How Early Legal Advice Helped Avoid an Arrest
Let me tell you about a real case where early intervention made a huge difference.
A client came to me after a routine traffic stop. The officer claimed my client was acting suspiciously and asked questions about his whereabouts. The officer also inquired about a recent incident involving theft nearby. My client didn't have much information to offer but felt that the officer's questioning might have been related to a crime.
Rather than answering, my client asked to speak with me, which he had the right to do under Florida law. I advised him not to answer any further questions until I was there to assist him. After we spoke, I immediately reached out to the police and asked for details about the investigation. I confirmed that my client wasn't connected to the crime and requested that they let him go without filing charges.
Thanks to early intervention, my client walked away without being arrested. If he hadn't called me, he might have inadvertently given the officer enough information to warrant an arrest.
This is why having a private attorney who can intervene early in the process is so important. We protect your rights, ensure you don't speak out of turn, and help resolve investigations before they go too far.
What Defenses May Apply in Situations Like These?
When you consult with an attorney early in an investigation, we look for potential defenses that could make the case against you weaker or even result in a dismissal. Some common defenses we explore include:
- Lack of Probable Cause: Under Florida Statutes § 901.15, an officer cannot arrest someone unless they have probable cause to believe a crime has been committed. If the officer did not have a legitimate reason to stop you or question you, your attorney can argue that any evidence obtained should be excluded.
- Coercion or Forced Confession: If the police used pressure, threats, or coercion to get you to speak or confess, your lawyer can file a motion to exclude the evidence based on unconstitutional actions by the police. Florida law gives you the right not to incriminate yourself.
- Mistaken Identity: Sometimes, people are wrongly identified by law enforcement. If the police have the wrong person or a flawed witness identification, your attorney can work to prove your innocence.
- No Sufficient Evidence: If the evidence the police have against you is weak or circumstantial, your attorney may push for the charges to be dropped. Florida Statutes § 775.022 allows for dismissal if the case lacks sufficient evidence to proceed.
- Violation of Miranda Rights: If you did not read your Miranda rights during questioning, your lawyer could argue that any statements you made could not be used against you.
Why You Need a Private Attorney
If you are facing an investigation or questioning, I strongly recommend calling a private attorney as soon as possible. Here's why:
- Personalized Attention: A private attorney sets aside the time and resources to review your case thoroughly, giving you a better chance at a favorable outcome. Public defenders often have heavy caseloads and limited time to focus on their cases.
- Early Intervention: When you hire a lawyer early, they can intervene during questioning, help you avoid common mistakes, and protect your rights. Most cases don't go to trial, and the sooner we get involved, the better chance we have of getting charges dismissed before they escalate.
- Fighting for Your Future: A conviction will follow you for life. It can impact your job, your freedom, and your family. Having a private attorney allows you to build a defense from day one, ensuring your rights are protected, and your future is not jeopardized by unnecessary charges.
If you're under investigation or have been questioned by the police, it's critical that you act quickly. Protect your rights by contacting a private attorney today. Your lawyer can help you avoid self-incrimination, intervene in the investigation, and work to have the charges dismissed before they escalate.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
Florida Legal Rights FAQs
Can I call an attorney during a police investigation in Florida?
Yes. Under Florida Statutes § 901.19, you have the right to consult with an attorney before answering any questions if you are under investigation. The police cannot prevent you from seeking legal advice.
Do I have to be arrested before I can hire an attorney?
No. You can hire an attorney at any point during an investigation, even before you're arrested. Having legal counsel early in the process can protect your rights and ensure the best possible outcome.
What if the police pressure me to speak without an attorney?
If the police pressure you into speaking without an attorney, it's important to remain calm and assert your right to remain silent. Anything you say can be used against you. Your lawyer can later argue that any statements made under duress should not be admissible in court.
What if I haven't been arrested but feel like I'm being investigated?
If you feel like you're under investigation, it's a good idea to consult with an attorney immediately. Even if you haven't been arrested, your lawyer can help you understand your rights and prevent the situation from escalating.
Can I be arrested if I call an attorney before I'm arrested?
Yes, you can still be arrested, but the key difference is that by consulting with an attorney early, you've ensured that your rights are protected. A private lawyer can advise you on how to handle the situation to avoid unnecessary risks and ensure the best defense possible.
Should I talk to the police without an attorney?
It's always advisable to consult with an attorney before speaking to the police, even if you haven't been arrested. An attorney can help you understand how to communicate with law enforcement while protecting your rights.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have questions or are under investigation, don't wait. Contact Musca Law now for your free consultation. We're here to fight for you.
If you're under investigation or have been questioned by the police, it's critical that you act quickly. Protect your rights by contacting a private attorney today. Your lawyer can help you avoid self-incrimination, intervene in the investigation, and work to have the charges dismissed before they escalate.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.