Being arrested is one of the most stressful events a person can experience. Whether you anticipated the arrest or it was a total shock, it disrupts your life in ways you may or may not anticipate. Depending on the underlying offense, an arrest comes with the potential of indefinite detention while you await trial. It includes the possibility of losing your job, home, possessions, custody of your children, and more.
Every arrest is serious, and you should treat them that way. Talking to the police without a criminal defense attorney only benefits the police and the prosecution—not the defendant. It is too easy for an unscrupulous officer to skip over the rules, bully defendants, and fail to observe constitutionally protected rights. Whether you are arrested for drug possession or murder, contact an attorney as soon as possible after being arrested by the Orlando Police Department (OPD).
To arrest someone in Florida, an officer needs to see someone commit a crime, have probable cause to believe someone committed or is about to commit a crime, or have an arrest warrant.
Officers have broad discretion to arrest people for suspected offenses. However, for petty offenses, they will generally issue a citation, which directs the suspect to appear in court on a specific date. Traffic offenses, possession of a recreational amount of drugs, and minor in possession of alcohol are examples of offenses that would not usually result in a physical arrest. It is critical to understand that a Notice to Appear counts as an arrest for legal purposes, even though the police do not take custody of an individual.
Offenses that are more likely to result in physical arrest include possession of more significant amounts—or more serious kinds—of drugs, such as cocaine, methamphetamine, or fentanyl. Other offenses that are more likely to lead to an arrest include:
In addition, the police may consider your status when deciding whether to arrest or issue a Notice to Appear. Orlando is one of the world’s leading tourist destinations, so a lot of defendants are from other countries or states. Police may choose to arrest them based on the belief that they are otherwise unlikely to show up in court.
When you realize that you are about to be arrested, the first thing to do is keep calm. You will not be able to outrun or outfight the police, and trying to do so is only going to result in additional charges or injury. Cooperate peacefully at the time of the arrest, complying with any instructions the officers give. If you believe the instructions are illegal or violate your rights in any way, we fight that in a courtroom, not at the time of the arrest.
When police arrest you, they should read you your Miranda Rights, which inform you of your right to remain silent and your right to an attorney. These rights are so necessary that, unlike every other constitutional right, the police must inform you of them at the time of an arrest.
Do not talk to the police other than answering basic questions, like providing your name and address. In a situation where you have children present, you can give them the name and contact information of someone who can get your kids. Other than that, request an attorney and keep quiet until you can consult about your case.
Talking is not the only way to incriminate yourself. The police may also request that you sign documents. Do not sign anything until your lawyer is present.
Most police officers are just people trying to do their job, but there are bad apples in every barrel. One thing an attorney should investigate is whether the arresting officer has a history with the Internal Affairs unit. A history of problems, especially problematic arrests, may indicate that the officer has a problem with being dishonest or not following the rules. Our lawyers could look into that officer’s history with the Orlando Police, or other places they worked, to learn if there is any evidence that might be used against them in your defense.
Many defendants make the mistake of keeping information from their attorneys. However, the more information we have, the better equipped we are to plan your defense. Please give us details about the crime, the arrest, and any other information that might help us plan your defense.
We are on your side. As defense attorneys, our job is to help you deal with criminal charges. In some instances, that means fighting for a not-guilty verdict or dismissal of the charges. In other cases, it may mean negotiating the best plea bargain possible. We cannot know which approach is best without a complete understanding of the facts. Be open and honest with your lawyer after you are arrested by the Orlando Police Department – call us as soon as possible so we can begin working for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
