Can I Call You Before I've Even Been Arrested?

April 28, 2025

Know Your Rights and Protect Yourself—Why Contacting a Lawyer Early Can Make All the Difference

When you find yourself in a situation where the police are involved — whether it's a routine traffic stop, a knock on your door, or even an investigation into a crime — the question often comes up: Can I call an attorney before I've even been arrested? The short answer is yes — and you should.

As a criminal defense lawyer, I've seen countless situations where people waited too long to get legal help. Waiting can lead to mistakes, misstatements, or missed opportunities to protect your rights. Let's walk through what your rights are under Florida law, why you should reach out to a lawyer early, and how having legal representation can drastically change the outcome of your case.

What Does Florida Law Say About Calling a Lawyer Before Arrest?

In Florida, you have the right to contact a lawyer at any point during an investigation — even before you're officially arrested. While the right to counsel is most commonly discussed in the context of an arrest or a formal charge, it is available to you as soon as you are interacting with law enforcement in any capacity.

Here are the most important Florida Statutes related to your rights before arrest:

Right to Counsel Before Interrogation: Under Florida Statutes § 901.17, you have the right to consult with an attorney before any questioning takes place if you reasonably believe you are under investigation for a crime.
§ 901.17: "Any person who is under arrest shall be informed of the right to remain silent and to consult with an attorney."
Right to Be Silent: Florida Statutes § 901.19 affirms that you can remain silent at any time during a police encounter. This doesn't just apply after an arrest; it can apply before you're arrested too. If you are questioned by police, you have the right to stop answering and ask for legal counsel.
§ 901.19: "A person who is not under arrest or not the subject of a stop or investigation has no obligation to answer any questions put to him by a law enforcement officer."
Exclusion of Statements Made Without Legal Counsel: Under Florida Statutes § 903.02, any statement you make to the police that hasn't been preceded by a consultation with an attorney may be challenged in court. So, if you're contacted by police and you haven't had the chance to speak with a lawyer, your statements may be excluded if they were made under duress or without informed consent.
§ 903.02: "Any statement made by a defendant to law enforcement without the presence of an attorney shall be subject to challenge by the defendant."

Why Should You Call an Attorney Before Being Arrested?

You might be wondering, "Why should I call an attorney before I've even been arrested? I'm not under arrest yet." That's a fair question, and here's the answer: contacting a lawyer early can help you avoid incriminating yourself or making decisions that could hurt your defense later.

Let's break it down:

1. You Have More Control Over the Situation

As soon as law enforcement becomes involved, you're in a high-risk situation. Even if you aren't under arrest, anything you say can be used against you. Having a lawyer available to guide your responses ensures that you aren't inadvertently providing information that could lead to criminal charges or complicate your defense later on.

For example, during a traffic stop, if the police ask questions about your movements or the contents of your vehicle, your attorney can advise you on how to respond appropriately without giving up valuable rights. Often, people try to be cooperative, but in doing so, they make statements that can later be twisted or misinterpreted.

2. Law Enforcement May Be Gathering Evidence Against You

The police are trained to gather evidence, and they may use everything you say or do during their investigation as evidence against you. Without legal counsel, you could easily become part of the evidence they're building, even if you're not under arrest.

An experienced lawyer will know the signs of a fishing expedition. If you're not arrested yet, but you believe the police are investigating you, an attorney can help you understand what your rights are, how to assert them, and how to protect yourself from self-incrimination.

3. There May Be Exigent Circumstances

Law enforcement doesn't always follow the letter of the law when it comes to stopping people or making arrests. There may be exigent circumstances that lead to unlawful actions or rushed decisions. A lawyer can spot these violations and take immediate action to challenge them in court.

For example, I once had a case where a client was stopped in their car under questionable circumstances. The police didn't have probable cause to search the vehicle, yet they did so anyway. I intervened and challenged the legality of the search, leading to the evidence being thrown out, which was key in getting the charges dismissed.

4. Attorneys Can Help Prevent Early Arrests

I've worked on many cases where my involvement from the very beginning stopped charges from being filed. When law enforcement contacts a criminal defense attorney before an arrest is made, sometimes the attorney can intervene and get the matter resolved without formal charges. This can happen through negotiation or presenting an alternative explanation of events to the authorities, which may lead to them dropping the case before it even reaches the courtroom.

Real-Life Example of How I Helped a Client Before an Arrest

Let me give you a real example from my practice. One of my clients, let's call him "John," was a suspect in a burglary case. He wasn't arrested yet, but law enforcement was actively investigating him. They had a few questions for him and showed up at his home without warning.

John was worried, and rightfully so. He knew that anything he said could be twisted. He reached out to me. After speaking with John, I advised him not to speak to the officers until we had a chance to fully understand the situation. I intervened immediately by calling the police and asking to represent him in any future conversations.

The result? We negotiated a resolution without formal charges ever being filed. The police, after speaking with me, decided not to proceed further. Had John spoken with the officers directly, the situation could have escalated, and criminal charges could have been brought.

The Importance of Having a Private Attorney

It's important to understand that while you do have the right to an attorney at any point during an investigation, the quality of your defense often depends on the attorney you hire and when.

While public defenders work hard, their caseloads are massive, and they may not be able to focus on your case from the very beginning. A private attorney, however, can dedicate the time and resources needed to intervene early, minimize your exposure, and give you the best chance of a favorable outcome.

Here's how a private attorney can help from the moment you contact them:

Assessing whether you're a suspect: I can help you figure out whether law enforcement actually has a valid reason to stop or question you. If they don't, I can quickly move to have the investigation stopped.
Protecting your statements: You may feel pressured to explain yourself, but I can help you avoid saying anything that could hurt your defense.
Intervening before charges are filed: With my experience, I can negotiate with prosecutors or police officers to prevent charges from being brought at all.
Handling any investigative actions: I can monitor police tactics and ensure they're not violating your rights by conducting illegal searches or questioning.

Charges You Could Be Defending If You Wait Too Long

If you don't call a lawyer early enough, here are some charges that could result from statements made during an investigation:

False statements to law enforcement – Under Florida Statutes § 837.02, you can be charged with providing false information during an investigation.
Obstruction of justice – § 843.02 states that obstructing an investigation, even by not answering questions, can lead to charges.
Resisting arrest without violence – § 843.02 covers situations where someone resists a police officer during an investigative encounter, which can happen even before an arrest.
Possession charges – If the police find drugs or illegal items during an unlawful search, you can be charged with possession of controlled substances under Florida Statutes § 893.13.

Don't wait until it's too late. If you're under investigation or worried about an upcoming encounter with law enforcement, contact Musca Law today. Our team of experienced criminal defense attorneys can help you understand your rights and protect your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

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 DUI FAQs

Can I call an attorney if I haven't been arrested yet?

Yes, you can and should call an attorney at any point during your interaction with law enforcement. You don't have to wait until you are arrested to get legal advice. A lawyer can protect your rights before and during questioning.

What happens if I talk to the police before calling a lawyer?

Anything you say to the police can be used against you in court. Speaking without a lawyer present could unintentionally provide evidence that harms your defense. It's always better to remain silent or ask for a lawyer immediately.

Will a lawyer help if I haven't been arrested yet?

Absolutely. A private attorney can provide advice, ensure your rights are protected, and intervene on your behalf with law enforcement before charges are filed, which may prevent further legal trouble.

What should I do if the police want to question me but I haven't been arrested?

You can politely decline to answer questions without a lawyer present. You have the right to remain silent, and a lawyer can help you decide how best to handle the situation.

Do I need a lawyer even if I don't think I'm a suspect?

Yes. Even if you think you're not a suspect, anything you say can still lead to charges later. A lawyer can advise you on how to handle any questioning, protecting you from unintentionally implicating yourself.