Whether you’ve been arrested, you know someone who has recently been arrested, or you merely want to learn about your rights should this happen to you, it’s important for you to learn essential information about your rights and how you should act to prevent yourself from encountering more legal trouble. Learn more by knowing these basic facts provided by a Fort Lauderdale criminal attorney and based on Florida law.arrested

Why You Are Under Arrest 

Under Florida law, police officers are obligated to identify themselves and state the reasons why you are being arrested, unless circumstances prevent them to do so. 

The Miranda Rights 

Every suspect is entitled to have his or her Miranda rights stated, as guaranteed by the U.S. Constitution. Police should tell the suspect that he or she has the right to remain silent and to call an attorney. Your Miranda rights should never be waived, and if a police officer fails to advise a suspect of this right, there may be an opportunity to have the case dismissed or charges dropped.

Arresting without a Warrant 

Situations where an arrest warrant is absent tend to be very complex.  In some instances, Florida law permits a police officers to make an arrest without a warrant.  Some examples are as follows:

  • Knowing that a warrant has already been issued and in effect, as long as the warrant is held by another officer;
  • When a misdemeanor is committed in the presence of a police officer; and
  • A police officer has good reason to believe that a felony has been, or is being, committed.

Note: some circumstance allow a police officer to make an arrest without a warrant or witnessing a criminal act. The specific nature of these circumstances vary.  For more specific information, contact a Florida criminal defense attorney. 

Your Rights After an Arrest 

If you have been arrested, you are still entitled to rights as guaranteed under Florida law. In addition to the right to be informed of the crime with which you are charged, you also have the right to know the identity of the police officer dealing with your case. More importantly, you have the right to contact your family and seek help from a criminal attorney in Fort Lauderdale, like Richard F. Della Fera. It’s important that you have an attorney with you for all stages of your case.

If You are Arrested in Florida, FindLaw
Understanding Criminal Law Procedures in Florida, Lawyers.com