Know Your Rights, Protect Yourself, And Never Speak Without Legal Counsel
As a Florida criminal defense attorney, I’ve defended people who found themselves in legal trouble simply because they thought talking to police would help clear things up. Some of them were never read their rights. Others were misled into thinking they weren’t suspects. All of them had one thing in common: they spoke before contacting a lawyer.
If you’re being questioned by law enforcement, what you say can and will be used against you. That’s not just a warning from a TV show. That’s your reality. And if you handle those early moments the wrong way, you could make your legal defense harder—or impossible.
Your Right To Remain Silent Is Real—Use It
Under the U.S. Constitution and Florida law, you have the absolute right to remain silent. This is protected by the Fifth Amendment and applies to all questioning by law enforcement.
In Florida, this protection is codified in Florida Statutes § 901.24, which states:
"When an officer arrests a person, the officer must inform the person of their right to remain silent and that anything said may be used against them."
What most people don’t understand is that this right applies whether you’ve been arrested or not. If officers begin asking you questions, and you feel even slightly uncomfortable, the best thing you can say is:
“I want to remain silent. I want a lawyer.”
Once you say that, officers must stop questioning you. Continuing would violate your constitutional rights and could lead to anything you said being suppressed in court.
The Police Can Lie To You—Legally
Police officers in Florida are legally allowed to use deception during questioning. They can falsely claim your fingerprints were found, that someone else already named you, or even that there's video of you committing a crime—even if none of it exists.
This is backed by Florida case law, including State v. Cayward, 552 So. 2d 971 (Fla. 2d DCA 1989), where the court drew the line only at falsified written evidence, not verbal lies. That means they can mislead you into making statements against your own interests.
Without a lawyer present, there’s no one in the room to stop that kind of manipulation.
Don’t Try To Explain Yourself—It’s A Trap
If you're being questioned, your natural instinct may be to clear your name. But that instinct can backfire badly. Even if you're completely innocent, the way you explain things might unintentionally incriminate you.
Florida prosecutors can and will use your own words to support charges. Once recorded or documented, even informal comments can be twisted.
I represented a man in Jacksonville accused of battery. Police told him the alleged victim had bruises and said he was responsible. My client tried to explain he was simply defending himself. What he said sounded reasonable—to him. But the way it was interpreted allowed police to charge him with felony battery.
Because he called me immediately after that initial conversation, we were able to investigate fast, recover security footage, and ultimately show the incident didn’t happen the way the officer claimed. Charges were dropped. But his words almost put him in jail.
Miranda Rights and Custodial Interrogation
Under Miranda v. Arizona, 384 U.S. 436 (1966), police must advise you of your rights before any custodial interrogation. In Florida, this is reinforced by Rule 3.111(d) of the Florida Rules of Criminal Procedure.
But here's the catch: they only have to read you your rights if you are in custody. If you're free to leave—even if you're sitting in an interrogation room—they don't have to warn you before questioning.
This is why it’s so important to assert your rights early. You might not even realize you’re being treated as a suspect until it’s too late.
What To Say (And What Not To Say) If Questioned
If police approach you for questioning:
Say: “Am I free to leave?” If they say yes, leave. If they say no, say:
“I am invoking my right to remain silent. I want a lawyer.”
Say nothing more. Don’t answer questions. Don’t try to justify yourself. And never, ever lie to police—that’s a separate crime under Florida Statutes § 837.05, which makes it a misdemeanor or felony to knowingly provide false information to law enforcement.
Defenses That Arise From Improper Police Questioning
If law enforcement violated your rights during questioning, a skilled defense lawyer can file a motion to suppress statements made during that time. We can argue:
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You were not properly read your rights
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You were coerced or misled into speaking
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You asked for a lawyer and they kept questioning you
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You were in custody, even if they claimed you were free to leave
Florida courts have consistently ruled that once a suspect invokes the right to counsel, all questioning must cease. If it doesn’t, any statements made after that point may be thrown out under Rule 3.190(h) of the Florida Rules of Criminal Procedure.
Real Case: Police Ignored Request for Lawyer, Statement Tossed
I represented a young man in Tampa accused of burglary. During questioning, he asked, "Do I need a lawyer?" The officers kept talking, and he ended up confessing to being at the scene.
We filed a motion to suppress under Rule 3.190(h), arguing that his question was an unambiguous request for legal representation. The court agreed, finding that continued questioning violated his rights. The confession was suppressed. The prosecutor dropped the case.
This win happened because the client called my office right after the interrogation. If we had waited, that statement would have buried him.
Police Questioning at Traffic Stops or on the Street
Even outside formal interrogations, the rules still apply. If you’re stopped in your car or questioned on the street:
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You must provide ID, registration, and insurance if asked
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You are not required to answer questions about where you’re going or what you’ve been doing
You can say, politely:
“I don’t wish to answer any questions.”
You don’t have to give a reason. You don’t have to explain. And you don’t have to consent to a search. If police ask, say:
“I do not consent to any searches.”
These are your rights. Use them.
Why Hiring a Private Attorney Makes All the Difference
Public defenders are hardworking, but they’re often assigned after charges are filed. That means the damage may already be done by the time they see your case.
When you hire a private defense attorney, we get involved immediately. We can:
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Step in before questioning starts
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Communicate directly with investigators on your behalf
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Prevent you from making harmful statements
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Gather exonerating evidence quickly
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File motions to suppress illegally obtained statements
And most importantly, we fight to protect your freedom from the very beginning.
Call to Action 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.
Police Questioning & Interrogation Frequently Asked Questions
What should I do if I’m being questioned but not arrested?
Even if you haven’t been arrested, you have the right to remain silent and to have an attorney present. You can ask if you are free to leave. If the answer is yes, you should leave. If not, clearly say: “I want to remain silent and I want a lawyer.” Say nothing else. Don’t try to explain. Don’t try to be helpful. Everything you say could still be used against you.
Can police question me without reading my rights?
Yes, if you are not in custody. The Miranda warning is only required for custodial interrogation. That means if you’re not under arrest or in a setting where your freedom is limited, they don’t have to read you your rights. But if you start answering questions, they can still use those answers against you. That’s why it’s critical to assert your right to remain silent as soon as questioning begins.
What if I already talked to police and now I’m worried?
Call a defense attorney immediately. We can determine whether your statements were recorded properly, whether your rights were violated, and whether we can file a motion to suppress. In some cases, early intervention can prevent charges from being filed. The worst thing you can do is wait and hope it goes away.
Can police lie to get me to talk?
Yes. They can say another person has already confessed or that they have evidence they don’t really have. These tactics are legal in Florida unless they "shock the conscience" or violate due process. The best protection against these lies is to never talk without a lawyer present.
Do I have to talk to police if I’m a witness and not a suspect?
You still have the right to remain silent. If you’re contacted as a witness, you can politely decline to speak until you consult with an attorney. Sometimes, witnesses later become suspects. Talking before understanding the full picture can be risky. Let a lawyer assess whether it’s in your best interest to cooperate or remain silent.
Call to Action 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.