The criminal process can be complex and confusing. But it's important to understand your legal rights. Contact a Florida criminal law attorney in your area as soon as possible if you're charged with a crime. A criminal defense attorney will explain your legal options and help you make the best decisions for your case.

Police Stops

You may be stopped for questioning by the police. A stop is not considered an arrest if you are briefly detained and not moved to a different location. To maintain your legal rights in a police stop:

• Remain calm and polite. Keep your hands in view and don’t try to run away
• If you're stopped when driving, show your driver's license, vehicle registration, and proof of insurance if the officer asks for them
• You have the right to remain silent. It's usually best to give your name, but tell the officer you're exercising your right to remain silent if you don't want to answer questions. Don't lie to the police
• Ask the officer why you were stopped and if you are under arrest
• You have the right to leave if you aren't under arrest. If you are placed under arrest, you have the right to an attorney. Tell the police you wish to remain silent until you speak with your attorney

Police Searches

The police might ask if they can search you, your car or home. You can refuse to consent to these searches. Officers can frisk you or pat down your clothing if they suspect you have a weapon. In most other cases, the police are required to get a warrant to go ahead with a search.

Search Warrants

A search warrant authorizes police to conduct a search of a specific place, such as your home or business. In order for a judge to issue a warrant, there must be probable cause. This requires evidence showing it's likely that items connected to criminal activity will be found in the place to be searched.

Warrantless Searches

The general rule is that warrants are required for searches. But search warrants are not required for the following:

• Searches incident to arrest. Police officers are permitted to search your body and clothing for weapons or other contraband when making a valid arrest
• Automobile searches. If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments or trunks, for example), probable cause is needed
• Exigent circumstances. Searches may be conducted in emergency situations that require immediate action, such as to avoid the destruction of evidence
• Plain view. Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view
• Consent. If you consent to a search of your body, your vehicle or your home, the police are not required to have a warrant. You aren't required to agree to any police searches

Arrest

The police must have probable cause in order to arrest you. This means the police officer must have a reasonable belief that you committed a crime. If an officer sees you commit a crime or has another good reason to think you violated the law, an arrest warrant is not necessary.

After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything to the police or investigators until you have an attorney present. You must be given the opportunity to contact an attorney.

Booking

After you're arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.

If you're charged with a crime that can be punished with jail time and you can't afford an attorney, an attorney will be appointed to defend you. In Florida, the booking officer is required to put you in contact with the public defender's office if you can't afford to hire an attorney.

Arraignment

Once criminal charges are filed, you'll make a court appearance called an arraignment. If you're held in jail, your arraignment will usually occur within 72 hours of your arrest. A person charged with a crime is called the defendant.

During your arraignment, you'll be asked to enter a plea to the crime charged against you. Possible pleas are:

• Guilty plea. If you plead guilty, you're admitting to the facts of the crime and the fact that you were the one who committed that crime
• Not guilty plea. A not guilty plea asserts that you did not commit the crime charged against you. After your plea, a pre-trial or trial date will be set
• Nolo contendere (no contest) plea. A nolo contendere (no contest) plea indicates that while you are not admitting guilt, you don't dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits

If you plead guilty or no contest, there will not be a trial. You'll then be sentenced.

Related Resources on Lawyers.com^sm

- Contact a Florida Criminal Law Attorney in your area for specific legal advice, and read about Selecting a Lawyer
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- Read Criminal Law: Procedure FAQ, Criminal Law: Arrest and Evidence FAQ, or access more Criminal Law articles and information
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