Your Rights After an Arrest Explained

Written by:Julian Stroleny PortraitJulian Stroleny

The shock of being placed under arrest by the police can be a confusing experience that you may have to deal with at some point in your life. Law enforcement officers made nearly 11 million arrests in 2017, with only a small percentage of those cases ever reaching a jury trial.

It’s important that you hire a Miami criminal defense attorney as soon as possible after an arrest. The closer to the moment after being taken into custody that you can notify your attorney may determine the amount of time you spend in jail before posting bail. Here’s what you need to know if you find yourself arrested by the police.

Behave Yourself

Treating police officers with dignity and respect is critical during encounters with law enforcement. Police officers frequently experience the very worst behavior society has to offer. Therefore, they expect to be met with resistance and hostility when they approach you.

If you greet them courteously and comply with their reasonable requests for information, you can expect to be treated with respect as well. If arrested, it’s important to note that your behavior at the time of arrest could be brought up in your trial.

Stay calm, and collected during your arrest. Ask the officers if you can call your attorney before they handcuff you.

Can the Police Randomly Question Me?

Under the protection of the Fourth Amendment to the United States Constitution, police officers have the right to stop you and ask you questions if they have what is known as “reasonable suspicion.” Just because they are allowed to ask you questions does not mean that you have to answer them. Remain calm and keep your hands in plain sight during an encounter with the police. Be aware of your body language and refrain from making any nervous movements during questioning.

The police will ask for your identification to prove who you are. This request is standard procedure, and you should carry your ID with you everywhere that you go. Police will consider it suspicious if you don’t have your ID available, and they have the right to detain you until they can prove your identity.

You have the right to remain silent so keep quiet and call your attorney.

Can the Police Stop and Search Me Without Cause?

The police can only legally search you if they have a search warrant, probable cause, or a limited search under reasonable suspicion. The officers must issue you a copy of the warrant before the commencement of the search, if they have one. However, police will not have a warrant available the majority of the time they request a search. Law enforcement officers rely on the ignorance of the public to their rights, as well as scare tactics to force people into compliance with a search.

Get in touch with a Miami criminal lawyer if you are the victim of an unlawful search and seizure.

Your Rights After an Arrest

Police officers must read you your Miranda rights before arresting you if they want to question you later. Failure to adhere to this protocol could result in your statements being suppressed by the courts later on. Always take note of this at the time of your arrest and mention any neglect of your rights to your attorney. You have the right to remain silent, and police officers must refrain from further questioning if you choose to exercise this right. Exercise this right.

The only information required by the police is your name. You have the right to legal representation, so contact our Miami criminal law firm if you feel that law enforcement officers have violated your rights in any way.

For How Long Can the Police Detain Me?

Police can detain you for up to 24 hours without charging you. After the period has expired, the authorities must release you or charge you with a crime. Those who cannot afford bail may have to remain in jail until their court date.

Call an Experienced Attorney

The best way to handle an arrest is by calling your attorney to help you resolve the problem. Our criminal defense lawyer in Miami has relationships with law enforcement officers and the prosecutor’s office. They understand the paperwork involved and who to consult to ensure your speedy booking and release after your arrest.

The difference between hiring a competent attorney or unqualified lawyer could mean the difference between going to jail and being released. Consider your options before you hire counsel and only work with a legal team that has a solid reputation in the community.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

Request a Free Case Evaluation

Fill out the form below and we will respond to you shortly.

The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.