If arrested, you can expect to be searched for weapons by the police and taken to jail (§ 901.21 and § 901.211, Fla. Stat.). If questioned, you should be advised of your rights under the United States Constitution, in what is commonly called Miranda warnings. It is important to realize that you do not have to have your rights read to you if the officer does not ask you any questions. This happens more than you may think it would. As soon as you request an attorney, all questioning must stop. To properly invoke your right to an attorney, you must state unequivocally your desire for representation. Statements such as “maybe I should have an attorney” are generally insufficient. If you do not wish to answer questions you must state, very clearly, that you are invoking your right to remain silent. Once this right is invoked, all questioning must stop. Some important rights to remember are:
- The right to remain silent;
- The right against self-incrimination;
- The right to have an attorney present WHILE being questioned;
- The right to stop answering questions at any time, even if you’ve started answering questions;
- The right to know the crime or crimes with which you have been charged.
- The right to know the identity of the police officers who are dealing with you.
- The right to communicate by telephone with your attorney, family, friends, or bondsperson as soon as practicable after you are brought into the police station. (The police have a right to complete their booking procedures before you are allowed to use the telephone).