If arrested, you can expect to be searched for weapons by the police and taken to jail[1]  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.


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.  As soon as you request an attorney, all questioning must stop. Some officers may attempt to influence your decision to invoke your right to remain silent, or may try to question you in ways that you might not realize could lead to incriminating statements. If in doubt, simply do not speak. If you do not wish to answer questions you must state, very clearly, that you are invoking your right to remain silent. 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 have 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);

[1] §§ 901.21 and 901.211, Fla. Stat..