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What are My Rights if Arrested?

Many people who are arrested for various criminal offenses are not aware they have legal rights. Given the number of crime shows on television today, no doubt you've heard "You have the right to remain silent. Anything you say can and will be used against you in a court of law." This is true, however many people who are arrested do not fully understand their rights. Police will interrogate those who are arrested or even suspected of a crime relentlessly, and often break down innocent individuals who, after countless hours, are just ready for it to be over with. Upon arrest or even if you are just being questioned, it is recommended you seek the legal guidance of an experienced Orlando criminal defense attorney immediately.

Fifth and Sixth Amendments to the U.S. Constitution

When you have actually been arrested for a crime, it is vital to understand your legal rights. Innocent individuals face criminal penalties or loss of freedom every day simply because they were not aware or did not exercise their legal rights. For instance, police must read your Miranda warnings, advising that anything you say may be used against you. You also have a right to say nothing at all, or to remain silent, which is often advised by criminal defense lawyers.

The legal rights of those arrested in Florida and throughout the U.S. are presented in the Fifth and Sixth Amendments to the U.S. Constitution. These rights are designed to protect those who are accused of committing a criminal act from overzealous police tactics often used in an effort to get those who are innocent of the allegations to admit to a crime he or she did not commit. If you have been arrested, you have certain rights including:

  • The right to remain silent
  • The right to have your lawyer present
  • The right to remain silent until you've contacted your lawyer and been given reliable legal guidance and advice

It's also important to note that in the event of your arrest, you have a right to be free from a search of your home, workplace, vehicle, or even your body without a signed warrant. While police may try to intimidate you and make you believe they can search or seize anything they desire when you have been arrested, this is not the case. Under our Constitution, the power of police or law enforcement is kept in check by the requirement of police to bring the details before a magistrate or judge, who will then decide whether the suspicion of whether you have committed a crime is based on facts that are reasonable. In the majority of cases, evidence that is seized from protected or private areas by police without a warrant may not be presented at trial.

Remain Silent and Let Your Defense Attorney Speak for You

The most important right for you to keep in mind if you have been arrested for a drug, theft, assault, or any other crime is that you DO have the right to remain silent and are not required to answer any questions posed by police. While you do want to obey directions and act in a way that is courteous, you have a legal right to refrain from answering questions no matter how police may intimidate you or act as though if you don't answer their questions, you will be in a far more serious situation. This simply is not the case. First and foremost, request the presence of your criminal defense lawyer.

Many people are concerned that by requesting the presence of an attorney, they are somehow admitting guilt. After all, if you are innocent, why would you need a defense lawyer? The fact is police are relentless when it comes to interrogating those who are suspected of a crime; they will ask endless questions in an attempt to wear you down and get you to admit to a crime you did not commit. It's a psychological game of sorts.

Request Your Attorney Presence Now

Ultimately, when you have been arrested it does not necessarily mean you will be jailed and prosecuted. The thing you must keep in mind is that primarily, you have the right to remain silent, the right to a lawyer, and the right to be charged with a criminal offense or released. For these reasons it is critical that immediately upon your arrest, you remain silent and request your lawyer. Police cannot question you further regarding any details of the crime or your history, personal life, etc. without the presence of your attorney. Additionally, by requesting your attorney's presence it is frequently possible to avoid being forced to "sweat it out" in confinement.

Learn about all of the legal rights of those who have been arrested for allegedly committing a crime by consulting with a seasoned Orlando criminal defense lawyer. As Abraham Lincoln once said, "He who represents himself has a fool for a client."

Contact our experienced Central Florida criminal defenses attorneys for a free consultation.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink