Understanding Your Rights During an Arrest in Tampa

If you have been arrested and accused of a crime in Florida, the situation is serious. A conviction can mean not just jail time and fines — it can bring a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future. This is not something you should face without help from the best defense team you can find.

Criminal law is complex and involves issues such as determining whether evidence was obtained correctly and whether your constitutional rights have been violated, and there are procedural rules that must be adhered to. It is important to understand your rights during arrest, because your attorney may be able to use any violations to have your charges reduced or dismissed completely.

What Are My Rights When Arrested in Tampa?

Being arrested is a frightening experience, but knowing your rights can help ensure that you are treated fairly by law enforcement and that your case has the best possible outcome. The following are the key rights you should be are of during an arrest in Tampa:

Right to be formally arrested

When you are arrested in Florida, a police officer takes you into custody by placing handcuffs on you and clearly informing you that you have been arrested. Once this happens, they can move you to another location. If you have been moved to another location without being formally arrested, it is considered that there is no probable cause for the arrest and therefore any evidence found against you is not admissible in court. You also have the right to ask for the identity of the police officers arresting you.

Right to remain silent and be read your Miranda rights

One of the most important rights you have when arrested is the right to remain silent, which is protected by the Fifth Amendment and established by the U.S. Supreme Court in Miranda v. Arizona. When you are arrested, law enforcement officials are required to inform you of this right through the Miranda warning by saying, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” You do not have to answer any questions or provide any statements that could incriminate you since anything you say can later be used as evidence. It is best to remain silent to prevent any misunderstandings or misinterpretations until you have legal representation to handle everything.

Right to an attorney

The Miranda warning also states that you have the right to an attorney; if you cannot afford one, one will be provided for you. The Sixth Amendment provides the right to legal representation, and you should immediately ask for an attorney to help protect your rights from the start. Once you request an attorney, police officers are required to stop questioning you until your attorney is present.

Right to make a phone call

After an arrest, you’re entitled to make a phone call to let someone know about your situation. This is your chance get help, whether through calling an attorney directly or having a friend or family member do so for you, and to make sure family or friends know of your arrest.

Right to know your charges 

In Florida, when you’re arrested, you have the right to be informed of the charges against you, because knowing them helps your attorney to prepare a defense against the accusations. This usually happens at your first court appearance; if you are not informed of the charges within a reasonable time, your attorney can use this information to challenge the case against you.

Right to be protected against unreasonable search and seizure

The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. Therefore, police are not allowed to search your person, vehicle, or home without a warrant, except for some situations, such as if the officer has probable cause to believe that evidence of a crime is present or if you have consented to the search. Evidence obtained through illegal search and seizure can be excluded from your case and not used against you.

Right to a speedy trial

The Sixth Amendment also guarantees the right to a speedy trial to ensure that you are not held for an extended period before being tried for the alleged crimes. For most criminal cases, Florida law requires that a trial must take place within 90 days for misdemeanors and 175 days for felonies. If this does not happen, your attorney may be able to file a motion to dismiss based on the delay.

Right to Due Process

The Fifth and Fourteenth Amendments provide the right to due process under the law. This means you should receive fair treatment through the normal judicial system, especially as a citizen facing criminal charges. Due process ensures that your rights are respected at every step of the legal process.

Right to fair treatment and dignity

Florida law requires that all individuals be treated with dignity and fairness, regardless of the charges against them. You have the right to humane treatment while in police custody, free from excessive force or unnecessary harm. If you feel that your rights have been violated through mistreatment or excessive force, your attorney can file a complaint, and this could also impact your case’s outcome. In addition, the Fifth and Fourteenth Amendments provide the right to due process, which guarantees fair treatment through the normal judicial system.

Right to be protected against double jeopardy

Double jeopardy, being tried for the same offense after having been acquitted, is prohibited under the Fifth Amendment. If you have been tried and acquitted, you cannot be tried for the same offense again, even if new evidence come up later.

Right to be protected against excessive bail

The Eighth Amendment protects against excessive bail. Bail amount should be reasonable based on the charges and your circumstances and used to ensure your appearance at court proceedings instead of for punishment.

Right to a jury trial

For most criminal charges, the Sixth Amendment grants the right to a trial by jury. This means that a group of your peers will determine your guilt or innocence impartially, based on the evidence presented.

Being aware of your rights if you get arrested in Tampa is essential. Remember, these rights are designed to protect your freedoms and ensure fair treatment within the legal system.

Get Help if You Have Been Arrested

Both the United States and the state of Florida provide constitutional protections to individuals who have been arrested and taken into custody for questioning if they are suspected of having committed a crime or offense. One of your first rights is to ask for an attorney who can make sure you are treated properly and help you avoid making mistakes that can give prosecutors a better case.

At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by making sure your rights are protected, challenging the credibility and reliability of the evidence against you, and building a defense tailored to your individual situation.