An arrest is one of the most frightening experiences a person can face. In the chaos of the moment, most people do not know what to say, what to do, or what rights they have.

What you do — and what you say — in the first hours after an arrest can have a profound impact on the outcome of your case. Understanding your rights before you need them is the best protection you have.

The Fifth Amendment to the U.S. Constitution gives you the right to remain silent. You cannot be compelled to incriminate yourself. This right applies the moment you are in police custody — whether or not you have been formally arrested.

Exercise it. Politely but clearly tell the officer: "I am invoking my right to remain silent." Then stop talking.

This is not about guilt or innocence. It is about the fact that anything you say can and will be used against you — and that statements made under stress, without legal counsel, are frequently misunderstood, misquoted, or taken out of context.

The Sixth Amendment guarantees your right to legal counsel. Once you invoke this right — "I want an attorney" — police must stop questioning you until your attorney is present.

If you cannot afford an attorney, the court will appoint a public defender. However, a private criminal defense attorney with experience in Florida courts will typically have more time, resources, and familiarity with local prosecutors and judges.

You have likely heard the Miranda warning: "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..."

Police are required to read you your Miranda rights before a custodial interrogation — when you are in custody and being questioned. If they fail to do so and you make statements, those statements may be suppressed (excluded from evidence) by your attorney.

However, Miranda rights do not apply to everything. Spontaneous statements you make before being questioned, statements made before you are in custody, and physical evidence are generally not affected by Miranda violations.

The safest rule: Say nothing to police beyond identifying yourself, and ask for an attorney immediately.

Resisting arrest — even an unlawful one — is a separate criminal offense in Florida. If you believe the arrest is unlawful, the place to challenge it is in court, not on the street.

Say these words clearly and calmly:

• "I am invoking my right to remain silent."
• "I want an attorney."

Then stop talking. Do not explain, justify, or argue.

Your first phone call should be to a criminal defense attorney — not to family or friends. An attorney can advise you on what to say (nothing), begin investigating the facts, and appear at your first appearance hearing.

You have the right to refuse consent to a search of your person, vehicle, or home. Politely but clearly say: "I do not consent to a search."

If police have a warrant or probable cause, they can search regardless of your consent — but your refusal is still important because it preserves your right to challenge the search in court.

This cannot be overstated. Police are trained interrogators. They are legally permitted to lie to you during questioning — to tell you that your co-defendant already confessed, that they have evidence they do not have, or that things will go easier if you cooperate. Do not fall for it.

The only person you should talk to about the facts of your case is your attorney.

Anything you post — photos, check-ins, comments, messages — can be obtained by prosecutors and used as evidence. Lock down all social media immediately and do not discuss your case online.

Understanding the process helps you know what to expect and where your attorney can make the biggest difference.

After arrest, you are taken to a police station or county jail for booking — photographing, fingerprinting, and recording your personal information. You will be held until your first appearance.

Florida law requires a first appearance before a judge within 24 hours of arrest. At this hearing, the judge:

• Informs you of the charges
• Determines whether probable cause existed for the arrest
• Sets bail (or releases you on your own recognizance)

Having an attorney present at the first appearance can significantly affect the bail amount set.

Bail is the amount of money you must post to be released from custody while your case proceeds. A judge sets bail based on the severity of the charges, your criminal history, ties to the community, and flight risk.

If you cannot afford bail, a bail bondsman can post it for a non-refundable fee (typically 10% of the bail amount).

At arraignment, you are formally read the charges and asked to enter a plea: guilty, not guilty, or no contest. In most cases, your attorney will advise you to plead not guilty at this stage — even if you ultimately intend to negotiate a plea deal. Pleading not guilty preserves your options.

Your attorney has the right to review all evidence the prosecution intends to use against you — police reports, witness statements, surveillance footage, forensic evidence, and more. Discovery is where skilled defense attorneys often find weaknesses in the prosecution's case.

Your attorney may file motions to:

• Suppress evidence obtained through an unlawful search or Miranda violation
• Dismiss charges for lack of probable cause or insufficient evidence
• Challenge witness identification procedures
• Exclude prior bad acts evidence

Winning a suppression motion can gut the prosecution's case entirely.

The vast majority of criminal cases — roughly 90% — are resolved through plea agreements rather than trial. A plea deal involves the defendant pleading guilty or no contest to a lesser charge or for a reduced sentence in exchange for avoiding trial.

Whether to accept a plea deal is one of the most important decisions in a criminal case. An experienced defense attorney will evaluate the strength of the evidence, the likely outcome at trial, and the consequences of a conviction — including immigration consequences, professional licensing impacts, and collateral effects — before advising you.

If no acceptable plea deal is reached, the case goes to trial. In Florida, you have the right to a jury trial for most criminal offenses. The prosecution must prove every element of the charge beyond a reasonable doubt — the highest standard in the legal system.

A skilled trial attorney can challenge the prosecution's evidence, cross-examine witnesses, present a defense, and argue for acquittal.

If convicted — whether by plea or trial — the judge imposes a sentence. Florida uses a sentencing scoresheet system that calculates a recommended sentence based on the offense and the defendant's criminal history. Judges have some discretion, and an attorney can argue for mitigation.

Florida DUI law is strict. A first offense can result in fines, license suspension, probation, community service, and even jail time. A second or third offense carries mandatory minimum jail sentences. An attorney can challenge the traffic stop, the field sobriety tests, and the breathalyzer results.

Florida has some of the harshest drug laws in the country. Possession, trafficking, and distribution charges carry severe penalties — including mandatory minimum sentences for trafficking. Defense strategies include challenging the legality of the search, disputing constructive possession, and negotiating for diversion programs.

Florida distinguishes between simple assault (threat of harm) and battery (actual physical contact). Aggravated assault and battery involving weapons or serious injury are felonies. Defense strategies include self-defense, defense of others, and challenging the credibility of witnesses.

Theft charges range from petit theft (misdemeanor) to grand theft (felony) depending on the value of the property. Burglary — entering a structure with intent to commit a crime — is a felony that can carry significant prison time.

Florida takes domestic violence charges extremely seriously. Even a misdemeanor domestic battery conviction results in a mandatory minimum of 12 months probation, completion of a batterers' intervention program, and loss of the right to possess firearms under federal law. An attorney can challenge the evidence and explore diversion options for first-time offenders.

Florida's Stand Your Ground law allows a person to use force — including deadly force — in self-defense without a duty to retreat, as long as they are in a place they have a legal right to be and reasonably believe force is necessary to prevent death or great bodily harm.

Stand Your Ground can be raised as an immunity defense before trial. If the court finds the use of force was justified, the charges are dismissed. This is a powerful defense in the right circumstances — but it requires careful legal analysis and an experienced attorney.

A criminal conviction — even a misdemeanor — can have consequences far beyond the sentence itself:

• Employment: Many employers conduct background checks and will not hire applicants with criminal records
• Housing: Landlords can deny rental applications based on criminal history
• Professional licenses: Many licensed professions (law, medicine, nursing, real estate, contracting) can revoke or deny licenses based on criminal convictions
• Immigration: Non-citizens can face deportation, denial of naturalization, or bars to re-entry for many criminal convictions
• Gun rights: Felony convictions and certain misdemeanor convictions result in permanent loss of the right to possess firearms
• Voting rights: Felony convictions result in loss of voting rights in Florida until civil rights are restored

Understanding these collateral consequences is essential when evaluating whether to fight a charge or accept a plea deal.

Florida allows certain criminal records to be sealed or expunged under limited circumstances. Expungement physically destroys the record; sealing restricts access to it.

Eligibility requirements are strict — generally, you must have no prior convictions, the charge must have been dismissed or you must have completed a diversion program, and you can only seal or expunge one record in your lifetime.

An attorney can evaluate whether you are eligible and guide you through the process.

If you or a loved one has been arrested in Florida, do not wait. The decisions made in the first hours after an arrest can shape the entire outcome of your case.

Attorney Juan J. Cordero is a combat veteran and experienced trial lawyer who fights aggressively for his clients' rights. We offer free consultations 24 hours a day, 7 days a week.

Call or text us now at 305.525.8957. We serve clients throughout Miami, North Bay Village, Hialeah, Miami Beach, Fort Lauderdale, West Palm Beach, and all of Florida. Bilingual service available in English and Spanish.

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