Protecting Your Freedom Starts With Knowing Your Rights | Florida Criminal Defense Attorney

When you’ve been arrested in Florida, the pressure starts immediately. Officers are trained to ask questions that can later be used against you, and many people don't fully understand the legal rights they’re entitled to under the law. I've spent my career defending people just like you—men and women who were arrested, scared, and unsure what to say or do. The difference between a conviction and a dismissal often comes down to what happens in those first few hours. Knowing your rights isn’t just helpful—it’s critical to your defense.

As a Florida criminal defense attorney, I want you to understand the legal protections that apply the moment handcuffs go on, and how to use those rights to defend yourself in court. From the moment you’re arrested, you have specific rights under both Florida law and the U.S. Constitution, and those rights must be respected by law enforcement and the courts.

Your Rights After an Arrest in Florida

If you're arrested in Florida, your rights are not optional. They’re guaranteed by law, and when used properly, they can prevent you from making statements or decisions that could harm your case. Let's walk through the rights you should always assert.

You Have the Right to Remain Silent

This is part of what’s known as your Miranda Rights, and it’s protected by the Fifth Amendment. You are not required to answer police questions—even if they try to convince you otherwise. Remaining silent is not an admission of guilt. It’s a constitutional protection.

You Have the Right to an Attorney

You have the right to have an attorney present before any questioning takes place. If you cannot afford a public defender, the court may appoint one. But keep in mind, a court-appointed lawyer is not always available immediately, and public defenders are often overwhelmed. Hiring a private attorney early gives you the advantage of immediate action and direct defense strategy.

You Have the Right to Know the Charges Against You

Under Florida Statute § 901.02, law enforcement must arrest you under valid legal authority and inform you of the specific offense. If the arrest was based on a warrant, you have a right to see it and understand the nature of the accusation.

You Have the Right to Bail (Unless Denied by the Court)

Most people arrested for a state-level crime are entitled to a bond hearing. Under Florida Statute § 903.046, judges consider factors like criminal history, flight risk, and the nature of the crime. An attorney can argue for release on recognizance, or for a lower bail amount.

Florida Statutes You Should Know

Florida Statute § 901.15 — This statute outlines when an officer may make a lawful arrest without a warrant, including for felonies committed in their presence or under probable cause.

Florida Statute § 901.04 — Requires that arrests be made only with legal justification and proper procedures.

Florida Statute § 901.17 — Requires officers to inform arrestees of their intention to arrest and the cause for arrest, unless circumstances make it impractical.

Summary of the Law

In short, law enforcement must have probable cause, a warrant, or witness an offense in order to legally arrest you. Once arrested, you must be informed of the charge and cannot be forced to speak without legal representation.

Defenses That May Apply After an Arrest

Every arrest triggers an opportunity for review. Just because you were taken into custody doesn’t mean the charge is valid or that evidence was legally obtained. Here's what I look for in every case:

  • Illegal Search or Seizure
    If officers conducted a search without a warrant or probable cause, any evidence they found may be excluded.

  • Improper Miranda Warnings
    If you were questioned without being properly advised of your rights, your statements may be inadmissible.

  • Lack of Probable Cause
    If there was no reasonable basis to believe a crime was committed, the arrest itself may be unlawful.

  • Coerced or Involuntary Confession
    If you were intimidated, deprived of sleep, or misled during questioning, your confession may be thrown out.

  • Mistaken Identity or False Accusation
    Eyewitness accounts can be wrong, and arrests based solely on someone else’s claim may fall apart under scrutiny.

Why You Need a Florida Criminal Defense Attorney Immediately

Most people arrested for the first time don’t realize how quickly things move once you’re in custody. Evidence starts being collected. Witnesses are interviewed. Prosecutors may begin building a case within hours.

Without an attorney to push back, you could be giving up defenses you didn’t know you had.

As a Florida criminal defense attorney, my job starts the moment I’m hired. I don’t wait until arraignment. I contact the prosecutor, review the police report, protect your rights during questioning, and take steps to secure your release. My goal is always the same—keep your record clean and keep you out of jail.

Real Case Example: Charges Dismissed After Unlawful Search

A client in Miami was arrested after police stopped him late at night and claimed to smell marijuana. They searched his car without a warrant and found a small amount of pills. He was charged with possession and intent to sell.

His family contacted me within hours. I immediately filed a motion to suppress the evidence, arguing that the stop was pretextual and the search violated Fourth Amendment protections.

At the suppression hearing, I presented body cam footage showing the officer had no legitimate reason for the stop. The judge agreed and ruled the evidence inadmissible. The prosecutor had no case left and dropped the charges.

Had the client waited or relied on a public defender who wasn’t available until weeks later, the case might have gone very differently.

What To Do In the First 24 Hours After an Arrest

If you’re reading this after a family member or friend was arrested, here’s what I tell every client:

  • Do not speak to the police without a lawyer.

  • Write down everything you remember about the arrest.

  • Contact a criminal defense attorney immediately.

  • Ask about a bail hearing or bond reduction.

  • Save any phone calls, messages, or documents related to the case.

Time matters. The earlier I can get involved, the more I can do to protect the person in custody.

Florida Warrant & Arrest Frequently Asked Questions

Can the police arrest me without a warrant in Florida?
Yes, under certain conditions. Florida law allows officers to arrest someone without a warrant if they witness a crime, have probable cause to believe a felony was committed, or meet specific legal exceptions. However, any arrest without a warrant still requires legal justification, and a defense attorney can review whether that standard was met.

What should I say to police if I’m arrested?
Nothing without your lawyer present. You have the right to remain silent, and using that right cannot be held against you. The only thing you should say is that you wish to speak with an attorney.

Do I have to answer questions after being arrested?
No. You are under no obligation to answer any questions, even basic ones, once you are in custody. Exercise your right to remain silent and request a lawyer before speaking.

How soon can I get out of jail after being arrested?
It depends on the charge. Some people are released after booking, while others require a bail hearing. A criminal defense attorney can speed up the process, argue for reduced bail, or request release on your own recognizance.

What if the arresting officer violated my rights?
Any violation of your rights can be grounds for challenging the arrest or having evidence thrown out. This includes illegal searches, failure to give Miranda warnings, or improper use of force. Your defense attorney can investigate and raise these issues in court.

Can I fight the charges even if I was arrested?
Absolutely. An arrest is just the beginning of a case—not the end. Prosecutors still have to prove the charges beyond a reasonable doubt. Many cases are dismissed or reduced after evidence is challenged or defenses are raised.

What is the difference between a public defender and a private attorney?
Public defenders are appointed by the court and often carry heavy caseloads. A private criminal defense attorney works for you directly, with the time and resources to dig deeper into the facts of your case, challenge every aspect of the arrest, and build a personalized strategy.

Will hiring an attorney early really make a difference?
Yes. Early representation means immediate protection of your rights, faster review of evidence, quicker negotiation with prosecutors, and greater control over how the case develops. Waiting too long can limit your options.

Can charges be dropped after an arrest?
Yes. Charges can be dropped if the evidence is weak, the arrest was unlawful, or the prosecutor determines there is not enough to proceed. Your defense attorney can push for dismissal early in the process by exposing legal issues or procedural errors.

What should my family do if I’ve just been arrested?
Call a criminal defense attorney immediately. The sooner legal counsel gets involved, the better the chances of resolving the case favorably. Your family can also gather important information such as where you are being held, what the charges are, and when the next court appearance is scheduled.

Free Consultation With Our Florida Criminal Defense Attorneys


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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.

If you or someone you love was arrested in Florida, call us now. Let us protect your rights, your record, and your future.