If You are Arrested in Florida
Created by FindLaw's team of legal writers and editors | Last reviewed March 19, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
You Were Arrested in Florida, Now What?
You are under arrest. Does anyone really want to hear that phrase? Of course not, but arrests happen every day in Florida for a variety of reasons – some more serious than others. Obviously a case involving grand theft or robbery will have a more severe impact on your life than a stealing candy from a grocery store. So if you or someone you know has been arrested in Florida, you’ve come to the right place for information. No matter your circumstances, the following article provides basic information about the arrest process, and defendants' rights after an arrest in Florida.
Below you will find key information to help you if you are arrested in Florida, your rights, and where to go if you need a skilled Florida criminal defense attorney.
Difference Between Detention and Arrest in Florida |
Detention: A detention may be called a "stop and frisk". An officer police officer may stop you and ask you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location. What Can the Officer Do During a Detention?
At the conclusion of this temporary detention, the officer must either arrest you or let you go. |
Arrest Without a Warrant |
A police officer may make an arrest without an arrest warrant under a variety of circumstances. Among those circumstances are:
Under Florida law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are, among others,:
|
What Happens After an Arrest |
|
Rights After an Arrest |
You have a right to:
|
Rights During Police Questioning |
|
Getting Released |
You may be released upon:
If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate judge within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties within the community, financial resources, employment record or any other factors. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Arrested in Florida? Don't Fret; Get Legal Assistance Instead
If you’ve been arrested for a felony or misdemeanor, you are best advised to speak with a criminal defense attorney as soon as possible to discover what your options are and if you can beat the case. You may have defenses available to you that you aren’t even aware of. Start the process today by reaching out to a Florida criminal defense attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Florida attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.