Know Your Rights, Protect Your Freedom, and Contact Musca Law 24/7/365 at 1-888-484-5057 for a FREE Consultation
If you're reading this, there's a good chance you're either facing a police inquiry or you're trying to be prepared for an unexpected situation. As a Florida criminal defense lawyer, I want to talk to you plainly about something that affects your freedom: what to say when police want to question you.
I’ve been defending clients across Florida for decades, and one thing I know for certain is this—what you say to the police can absolutely be used against you. I’ve seen people talk themselves into charges they otherwise would have avoided. That’s why I'm going to give you the truth, backed by Florida statutes, real-life examples, and my courtroom experience.
Your Right to Remain Silent Under Florida Law
You’ve heard it in movies and television shows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law." But this isn’t Hollywood. It’s codified in the U.S. Constitution and reflected in Florida law.
Under the Fifth Amendment of the United States Constitution and Article I, Section 9 of the Florida Constitution, you are not required to incriminate yourself. Florida Statute §901.24 states:
"No person arrested shall be subjected to any interrogation without being informed of his or her right to remain silent and to consult with an attorney."
If you’re not under arrest but a police officer wants to talk to you, you are under no legal obligation to answer their questions. Many people don’t understand that distinction. They think if they’re not handcuffed, they should cooperate. But cooperation without legal guidance often leads to self-incrimination.
What Should You Say?
You say this: "I want to remain silent. I would like to speak to my attorney."
That’s it. Do not try to explain, justify, or talk your way out of it. The more you say, the more you risk. Once you invoke your right to remain silent and request an attorney, police are legally required to stop questioning you.
Florida Statute §901.15 states:
"A person arrested shall be informed of the cause of arrest and shall be allowed to consult with legal counsel."
So why not try to explain yourself anyway? Because once words are out of your mouth, they can’t be taken back. And often, what seems innocent or logical to you can be twisted by prosecutors into something incriminating.
Why You Need a Private Criminal Defense Attorney
Let me put this as clearly as I can: police are trained to obtain information. They’re not trained to help you avoid charges. That’s my job. Every word you say becomes part of the record. That’s why it’s vital to have an experienced criminal defense attorney present before you say a single thing.
Police will often say, “You don’t need a lawyer if you haven’t done anything wrong.” Don’t fall for it. Innocent people get arrested and charged every day because they thought they could talk their way out of trouble.
As a private attorney, I have the time and resources to focus solely on protecting your rights. Public defenders are often overloaded, and they may not be available to intervene before charges are filed. You need someone working for you before it's too late.
Real Case Example: Talking Led to Trouble
A client once came to me after voluntarily speaking to police during a theft investigation. He was never arrested, never Mirandized. He thought helping the police would show he had nothing to hide. He even gave them receipts and explained his actions.
A week later, he was charged with grand theft. His statements were interpreted as admissions of intent, even though that wasn’t what he meant. Thankfully, we were able to get the charges dropped after a thorough review of the evidence and a suppression hearing, but the stress and financial cost could have been avoided if he had simply refused to talk without a lawyer.
What If You're Detained but Not Arrested?
This is where it gets tricky. If you’re being detained, you’re not free to leave, but you’re not necessarily under arrest either. Officers use this legal gray area to ask questions without reading you your rights.
That’s why I always tell my clients to calmly ask, "Am I being detained, or am I free to go?" If the officer says you’re free to go, leave. If not, invoke your rights and remain silent.
Florida courts have repeatedly upheld that statements made during a consensual police encounter can be used in court. Don’t give them that opportunity.
Florida Statutes That Apply to Police Questioning
Here are the key Florida laws that protect you:
Florida Statute §901.24 – No interrogation without notice of rights.
Florida Statute §901.15 – Right to know why you’re being arrested and to consult with counsel.
Florida Statute §92.53 – Prohibits compelled self-incrimination.
These are not abstract rules. They’re there to protect people like you. But protections only work if you use them. That’s why I tell every client: say nothing without your lawyer.
Defenses That May Arise From Improper Questioning
When police violate your rights during questioning, it may be possible to suppress the statements you made. This means your answers cannot be used as evidence against you.
Florida Rule of Criminal Procedure 3.190(i) allows defense counsel to file a Motion to Suppress when evidence is obtained in violation of constitutional rights. If granted, it could result in a full dismissal of the charges.
That’s why having a private defense lawyer early in the process matters. I can review the circumstances of your questioning and determine if your rights were violated. I’ve won motions like these and seen cases fall apart because prosecutors were left with no admissible evidence.
Why Police Want You to Talk
Police often use a tactic called the "Reid Technique," a psychological method of extracting admissions. It involves isolation, accusation, and the illusion of leniency. Officers may downplay the seriousness of the situation or imply that honesty will help you.
But honesty doesn’t always set you free in a criminal case—it can sink you. That's why police interrogations are designed to get you talking, not to help you.
Another Case Example: Silence Saved Him
One of my clients was a young man suspected in a battery investigation. Officers showed up to his workplace and asked if he would answer a few questions. He politely said he wanted to speak to an attorney.
They left. No charges were filed. We later found out the case hinged on whether they could get a statement from him. Because he said nothing, they had no case. His silence protected his freedom.
You’re Not Being Rude. You’re Being Smart.
Some people hesitate to assert their rights because they don’t want to seem uncooperative. But here’s the truth: cooperating without a lawyer can be a mistake you never recover from. Officers might smile and shake your hand, but if you're charged, they’ll be on the witness stand against you.
Being respectful doesn’t mean being silent. You can calmly and clearly say, "I respectfully decline to answer any questions without my attorney."
When Should You Call a Lawyer?
Immediately. The moment an officer contacts you for questioning, even casually, you need to speak with a lawyer. Too many clients call me after the fact, when the damage has already been done.
The earlier I’m involved, the better chance I have of stopping the situation from escalating into an arrest or criminal charge. I’ve intervened in cases before charges were filed and prevented my clients from ever having to step foot in court.
Private counsel matters. You don’t want someone randomly assigned to your case who’s juggling 100 others. You want someone who knows your situation, is accessible, and will aggressively defend you from start to finish.
FAQs: Police Questioning and Your Rights in Florida
Can I be arrested just for refusing to talk to police?
No. You cannot be arrested simply for asserting your right to remain silent. Refusing to answer questions is not a crime. Florida law protects your right against self-incrimination. If officers try to pressure you into speaking, your lawyer can challenge any statements made under coercion.
What if police say I’m not a suspect but still want to talk?
Even if you’re "not a suspect," anything you say can still be used to implicate you or others. Police often say this to get people talking. Never rely on their characterization of your status. Politely decline and ask to speak with your attorney.
Should I answer if they just want a "few quick questions"?
No. "Quick questions" can lead to serious consequences. Once you begin speaking, you may unknowingly provide information that ties you to a crime. Always consult with an attorney first.
Do I have to let police into my home if they ask to come in and talk?
Not without a warrant. You can refuse entry unless they have a valid search or arrest warrant. If they persist, say, "I do not consent to a search or questioning without my attorney."
Can I record the police if they try to question me?
Yes. In Florida, it’s legal to record police interactions as long as you are a participant in the conversation. This can protect you and your rights, especially if an officer later misrepresents what was said.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you’ve been contacted by police, don’t wait until it’s too late. One wrong word can cost you your freedom. 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.