Getting arrested is never a good experience but one should always be prepared. Otherwise, panic and nervousness may take over you and you might make regretful decisions. This may seem suspicious and the police may treat you more severely because of it. We understand that such a situation can be threatening, causing you to act defensively, which is why it’s important that you know your rights.
Here’s your personal guide to your rights on getting arrested in Florida:
Miranda Rights
There are several state laws that protect the citizens from unlawful interrogations. Usually, the police read out your rights before questioning you. If they question you without doing so, they can’t use anything you say in trial. Your Miranda Rights, or rights at the police stop, include:
- Your right to remain silent,
- Your right to consult an attorney and have them present while you’re being questioned,
- Your right to have an attorney appointed by the State if you can’t afford one,
- And your right to stop answering questions at any time you want.
Until you speak to an attorney, you don’t have to talk to the police about anything other than your personal details. If the police officer persists, you can tell them that you wish to speak to your attorney first which would automatically kick an array of rights that they may have been ignoring until before.
Other Rights
According to the Fourth Amendment, the police can’t search and seize you without a warrant. The Fifth Amendment protects you from getting tried for a felony crime without a Grand Jury. It also protects you against double jeopardy, which is being tried for the same felony twice and witnessing against yourself, giving you a right to due process. Innocent until proven guilty is a requirement of due process which implies that the defendant is assumed to be innocent until proven guilty beyond reasonable doubt. The right to bail comes from the doctrine of presumption of innocence.
The Sixth Amendment and the Eighth Amendment specify other rights include being informed of the charges against you, the right to counsel, the right to a public trial with an impartial jury and protection against excessive bails, fines and unusual punishments.
Hiring a Bail Bondsman
When defendants can’t afford to pay the bail set by the court, they reach out to a bail bond company to help them. Lee Calhoun Bail Bonds is an affordable bail bond agency in Alachua County, FL, offering a 24/7 service to make sure your call of emergency never goes unanswered. Get your free consultation today!