Being arrested in Florida can be a stressful and intimidating experience. If you find yourself in this situation, it is crucial to understand your rights and obligations when interacting with the police. Do you have to speak to officers? What information must you provide? And how can you protect yourself legally?

In this post, we will explain your rights when you are arrested in Florida, what you are legally required to do, and why it is always in your best interest to request an attorney before answering any questions.

What Are Your Rights If You Are Arrested in Florida?

The U.S. Constitution provides certain protections when you are arrested, ensuring that law enforcement cannot force you to incriminate yourself.  The most important rights you have include:

• The Right to Remain Silent – You are not required to answer police questions beyond identifying yourself.
• The Right to an Attorney – You can request a lawyer at any time, and police must stop questioning you until your attorney is present.
• The Right Against Self-Incrimination – Under the Fifth Amendment, you cannot be forced to say anything that might be used against you in court.

Understanding these rights can help you avoid making statements that could later be used against you in a criminal case.

Do I Have to Identify Myself to the Police?

Florida law requires individuals to identify themselves under certain circumstances, but there are limitations to this requirement. If you are:

• Stopped by police but not under arrest: You do not have to provide any information unless you are lawfully detained based on reasonable suspicion of a crime.
• Arrested: You are required to provide your name and basic identifying information, such as date of birth. However, you do not have to answer any other questions about the incident.
• Driving a vehicle: Florida law requires drivers to provide their driver’s license, vehicle registration, and proof of insurance when requested by law enforcement.

If you are unsure whether you are required to identify yourself, it is best to remain polite and ask the officer, “Am I being detained?” If they say no, you can leave. In cases where they say yes, you should provide your name but decline to answer any further questions without a lawyer present.

Do I Have to Answer Police Questions After Being Arrested?

No, you do not have to answer police questions after being arrested. The Miranda warning, which police are required to read upon arrest, states:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

Once you are read your Miranda rights, you should remain silent and request a lawyer. Here’s what you should say:

• “I am invoking my right to remain silent.”
• “I want to speak to my attorney before answering any questions.”

Once you say this, officers must stop questioning you. If they continue to ask questions, remain silent, or repeat your request for an attorney. Do not fall into the trap of thinking you can “explain your way out” of the situation—anything you say can be used against you later.

What Should You Do If You Are Arrested?

If you find yourself in police custody, follow these steps to protect your rights:

1. Stay Calm and Be Polite
   • Do not argue with the officers or resist arrest, as this could lead to additional charges.
   • Keep your hands visible and avoid sudden movements.
2. Do Not Answer Questions Without an Attorney
   • You are only required to provide your name and identifying information.
   • Politely refuse to answer further questions until you have a lawyer present.
3. Request to Call Your Attorney
   • Florida law allows you to contact an attorney if you are arrested. If you do not have one, ask for a public defender.
   • If you are not provided an attorney, continue to remain silent until you can speak with legal counsel.
4. Do Not Sign Anything Without Legal Counsel
   • You may be pressured into signing statements or plea agreements—do not sign anything until your lawyer reviews it.
5. Remember That Anything You Say Can Be Used Against You
   • Even casual conversation with officers or other detainees can be recorded or used in court.
   • Avoid discussing your case over the phone, as jail calls are often monitored.

Why Should You Ask for an Attorney Immediately?

Having legal representation as soon as possible is critical to protecting your rights. Here’s why:

• Attorneys know the law – A lawyer understands legal procedures and can prevent you from making mistakes that could hurt your case.
• They can negotiate on your behalf – Your lawyer can work to reduce charges or argue for a lesser sentence.
• Police can be intimidating– Without an attorney, individuals sometimes feel pressured into making statements against their interest.

Even if you are completely innocent, speaking to the police without an attorney is risky. The legal system can be complex, and it is always in your best interest to have a knowledgeable advocate by your side.

Protect Your Rights and Seek Legal Help

If you are arrested in Florida, remember that you have the right to remain silent and the right to an attorney. You do not have to answer police questions beyond identifying yourself, and you should never discuss your case without legal representation.

At The Law Office of Colleen Glenn, P.A., we specialize in criminal defense and are dedicated to protecting the rights of our clients. If you or a loved one has been arrested, contact us immediately for a free consultation. The sooner you seek legal representation, the better your chances of securing a favorable outcome in your case.

Your rights matter—don’t face the system alone. Call us today.