Articles Posted in Arrest

Being approached by a police officer can be stressful, especially when you are unsure what information you are legally required to provide. One common question is whether refusing to give your name to police can lead to an arrest.

The answer depends heavily on the circumstances.

In Florida, police generally need a lawful reason to detain someone. Under Florida’s Stop and Frisk Law, an officer may temporarily detain a person when circumstances reasonably indicate that the person committed, is committing, or is about to commit a crime. During that detention, the officer may attempt to determine the person’s identity and investigate the circumstances surrounding the suspected offense.

What Happens If You’re Arrested While Visiting Florida?

With millions of visitors traveling to Florida for beaches, cruises, sporting events, and major international events like the FIFA World Cup, most people never expect to have an encounter with law enforcement. But an arrest can happen quickly, even to someone with no criminal history.

If you’re visiting Florida and find yourself arrested, it’s important to understand what happens next and what steps you should take to protect yourself.

Navigating the complexities of search and seizure laws in Florida drug cases can be daunting. Florida has stringent laws to regulate searches and seizures, designed to protect citizens from unlawful intrusions. Here’s a comprehensive guide to understanding these laws and how they protect your rights.

Understanding Search and Seizure Laws

The Fourth Amendment of the U.S. Constitution and Article I, Section 12 of the Florida Constitution safeguard against unreasonable searches and seizures. Law enforcement must adhere to strict protocols to conduct searches, particularly in drug-related cases. This means they typically need a valid warrant issued by a judge, based on probable cause.

Finding out that there is a warrant out for your arrest can be a daunting experience. The unfortunate truth is that most do not realize this is the case until they get a knock on the door from officials trying to arrest them. However, whether you become aware weeks in advance or find out as you hear pounding on your door, there are steps you can take to protect your rights and freedom.

The second you hear about an arrest warrant for you, it is imperative that you hire a lawyer to represent you. A lawyer can help you not make mistakes or give statements that may hurt your case. Even if you know that you are innocent, it is important that you seek advice and knowledge from a criminal defense lawyer.

The best thing you can do to raise your chances of walking away free, or with a lighter sentence, is to not make statements to the police. Under your constitutional rights, you have the right to remain silent while under police custody.

Millions of tourists flock to Florida throughout the year for its enjoyable warm weather and unique range of fun in the sun. Whether you’re here for spring break, a girls trip, or just to do a little relaxing, too much fun in a state you’re not familiar with can be a recipe for disaster when you land on the wrong side of the law. If you’ve been charged with a DUI, liquor law violation, trespassing, shoplifting, or any other criminal charge while on vacation, here at Michael B. Cohen Law we want to offer the best legal services to resolve your matter.

How do I handle an out of state arrest?

So you’ve been arrested while on vacation in Florida, what do you do next? It’s imperative that you take the situation seriously and remain proactive as possible. The state where the alleged crime took place will have jurisdiction to prosecute. So just because you live in another state does not mean it won’t affect you. In fact, ignoring these charges can result in a warrant for your arrest for the state you live in. Also, note you can be prosecuted for doing something in Florida that isn’t necessarily illegal in your home state. The first step you should take is to hire a local lawyer for the state you were arrested in so they can best handle your legal circumstance.

We have heard many times from clients that police did not read them their Miranda rights. And trust us when we say we believe you. However, you might be shocked to hear that law enforcement does not have to read you your rights. “Miranda Rights” comes from a Supreme Court case in the 1960s called Miranda v. Arizona. The court stated that if police want to question a person in police custody, they must make them aware of the Fifth Amendment protection against self-incriminating statements and their right to an attorney.

Miranda Rights are as follows:

You have the right to remain silent