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What Are My Rights If I’m Arrested?
Getting arrested can be a terrifying and stressful experience. If you are arrested it is important to understand your rights. The arresting officer must read your rights, often called Miranda warnings. Failure to read your rights won’t automatically eliminate your case but it can have an impact on the evidence that is allowed in court. If you’ve been arrested you will have the right to an attorney, the right to remain silent, and the right to a speedy trial.
Miranda Warnings
If you’re being put under arrest you will be read your rights. It is important to understand:
- You have the right to remain silent
- You have the right to an attorney
- If you can’t afford an attorney one will be appointed
- Anything you say can be used against you in court
- If you talk to police you have the right to stop the interview at any time
When these warnings aren’t given to you it is possible that some of the evidence against you may not be allowed. However, if you weren’t read your rights but no questioning occurred there is little or no impact on your case. It is important to consult with an experienced attorney before speaking with police.
How to Assert Your Rights
Once you’re under arrest you can choose to speak to law enforcement a much or as little as you like. It is generally best to assert your right to remain silent until you meet with a lawyer. To assert your right to remain silent you can simply inform the police that you refuse to speak with them and tell them you wish to consult with an attorney. If you have asserted your rights and law enforcement officials continue to question you, your Miranda rights have been violated. As such, anything you say after that point cannot be used as evidence in the case.
What If I’m Questioned Before an Arrest?
Your Miranda rights apply to those who are being held in custody. Therefore, any immediate questions and responses, such as general on-the-scene questioning, can be used in court. Even though you aren’t yet in custody it is essential to be aware of the questions and responses to law enforcement. Sometimes even seemingly innocuous answers can come back to hurt you later on. For this reason it is always best to speak to an attorney as soon as possible.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
