Jacksonville Criminal Defense Attorney Blog
Being arrested is one of the more frightening experiences anyone can face. In that moment, confusion, fear, and uncertainty can take over—but what you do next can have a powerful impact on the outcome of your case. Whether you were stopped for DUI, accused of a drug offense, or facing a serious felony, understanding the steps to take immediately after an arrest in Florida is essential to protecting your rights and your future.
This article explains the process and offers practical advice on what to do—and what not to do—if you or a loved one has been arrested in Florida.
Step 1: Stay Calm and Exercise Your Right to Remain Silent
The first and most important thing to remember after an arrest is do not talk to the police about your case. Anything you say can and will be used against you. Florida officers are trained to ask questions in ways that elicit admissions, even small details that might seem harmless at the time.
You are not required to answer questions beyond providing basic identifying information (your name, address, and date of birth). Once you invoke your right to remain silent and request a lawyer, officers must stop questioning you. Politely but firmly say:
“I am invoking my right to remain silent. I want to speak with a lawyer.”
Then stop talking. Do not try to explain your side, argue, or negotiate with police at the scene or at the jail. Remaining calm, respectful, and quiet is the best way to avoid making your situation worse.
Step 2: Do Not Consent to Searches
Unless police have a valid warrant, you generally have the right to refuse consent to a search of your home, vehicle, or belongings. Politely say, “I do not consent to any searches.” Even if officers go ahead and search anyway, your objection may help your attorney later challenge the legality of that search in court.
In some cases—such as a vehicle search during a traffic stop—officers may search if they claim “probable cause.” Do not interfere or argue. Simply make clear that you do not consent and let your lawyer challenge it later.
Step 3: Contact an Experienced Criminal Defense Lawyer Immediately
After an arrest in Florida, time is critical. Evidence can disappear, witnesses can forget details, and early statements can shape the entire case. You need a lawyer who can step in right away to protect your rights and start building your defense.
A skilled defense attorney can:
- Demand your release on bond or on your own recognizance.
- Challenge unlawful arrests, searches, or confessions.
- Begin gathering evidence, witness statements, and surveillance footage.
- Negotiate with prosecutors to reduce or dismiss charges before trial.
Florida law allows you to contact an attorney as soon as reasonably possible after being booked. Use that right. If a loved one has been arrested, you can help by finding a qualified criminal defense lawyer who practices in the same county or judicial circuit where the arrest occurred.
Step 4: Understand the Booking and First Appearance Process
After an arrest, the accused is taken to the local jail for booking, where fingerprints, photographs, and identifying information are taken. In most Florida counties, the person must then appear before a judge within 24 hours for what’s called a First Appearance.
At that hearing, the judge:
- Reviews the arrest report to determine whether probable cause existed.
- Sets bail or determines whether the defendant will be released on their own recognizance.
- Informs the defendant of their charges and right to counsel.
Having an attorney present (either retained or appointed) at this stage can make a significant difference. A lawyer can argue for a lower bond, present evidence of community ties, and help secure release while the case is pending.
Step 5: Secure Your Release and Follow Bond Conditions
If the judge sets a monetary bond, you can either pay the full amount directly to the jail or use a bail bondsman, who typically charges around 10% of the bond amount as a non-refundable fee. Once released, it’s critical to comply with all bond conditions, which may include:
- Attending all court dates.
- Avoiding contact with alleged victims or co-defendants.
- Remaining in the county or state.
- Submitting to drug or alcohol testing.
Violating bond conditions can lead to your immediate re-arrest and forfeiture of bond money. Keep a calendar of all court appearances and stay in close contact with your attorney.
Step 6: Prepare for the Arraignment
The next formal court date after your release is typically the arraignment, where you are officially informed of the charges and asked to enter a plea—usually “not guilty” so your attorney can begin defending you.
By this point, your lawyer will start reviewing the evidence against you (known as discovery) and exploring defense strategies. In Florida, discovery can include:
- Police reports and witness statements.
- Surveillance video or body-cam footage.
- Lab results or forensic testing.
- 911 calls or dispatch recordings.
Your attorney may file motions to suppress evidence, request depositions of witnesses, or negotiate with prosecutors for a possible plea deal or case dismissal.
Step 7: Avoid Discussing the Case with Anyone but Your Lawyer
One of the biggest mistakes defendants make after arrest is talking about their case—especially on social media or in text messages. Anything you post, message, or say to others (even family or friends) can be subpoenaed by the prosecution.
Remember:
- Jail phone calls are recorded.
- Messages from jail tablets are monitored.
- Social media posts can be used as evidence.
Limit all discussions about your case to your attorney. If investigators or anyone else tries to contact you, refer them to your lawyer immediately.
Step 8: Start Gathering Evidence and Building Your Defense
Even if you think the case is small or the charges are exaggerated, it’s important to take a proactive role in your defense. Help your attorney by gathering:
- Contact information for witnesses who can support your version of events.
- Receipts, photos, or text messages that may contradict the state’s evidence.
- Documentation showing employment, community service, or lack of criminal history.
In Florida, some cases may be eligible for pretrial diversion programs, which allow first-time offenders to avoid a criminal conviction by completing certain conditions such as classes, counseling, or community service. An experienced lawyer can determine if you qualify.
Step 9: Keep Your Record Clean While the Case Is Pending
Judges and prosecutors pay attention to how defendants conduct themselves while awaiting trial. Avoid new arrests, stay employed, and follow all release conditions. Demonstrating responsibility and good behavior can help your lawyer argue for leniency, diversion, or even dismissal.
Step 10: Understand the Long-Term Consequences and Next Steps
A Florida arrest—even if it doesn’t result in a conviction—can have serious consequences for your job, housing, and reputation. If your case is dismissed or you’re found not guilty, your attorney may help you seal or expunge the arrest record so it doesn’t appear in background checks.
If the case ends in a plea or conviction, your lawyer can advise on appeal options, probation compliance, or early termination of probation once certain conditions are met.
Final Thoughts
Being arrested in Florida doesn’t mean your life is over—but the actions you take immediately afterward can shape your future. The key is to stay calm, know your rights, and contact a qualified Florida criminal defense attorney as soon as possible.
At Roelke Law, we have experience defending clients throughout Jacksonville and across Florida in cases ranging from misdemeanors to serious felonies. We fight to protect your freedom, your record, and your future—every step of the way.
If you or someone you love has been arrested, call me at 904-354-0333 for a free, confidential consultation. You don’t have to face this alone.