The Arrest Process

Getting arrested is never an enjoyable event. During and after an arrest, stress and worry about your future can overcome your thoughts. Speaking to an experienced and zealous Sarasota criminal defense lawyer during this difficult time can help to put your mind at ease and prepare you for what comes next. Arrests can arise out of various circumstances. Sometimes police conduct intensive and time-consuming investigations into complex criminal conduct resulting in an arrest. Other times, police can make an arrest when a crime occurs in their presence after only a brief interaction with the accused. Either way, the intervention of a defense attorney at this early stage can make all the difference in your case.

If you are being arrested for any reason, the way you react under the stress of the situation can sometimes make all the difference to the overall outcome of your case. Just because the police are making an arrest, does not mean that they have completed their investigation or that they have collected enough evidence to secure a conviction. Once arrested, people often make the mistake of believing that they’re case is open and shut. This could not be further from the truth. If you’ve been arrested, make sure to assert your right to remain silent and contact an attorney as soon as you can.

Police in Florida are legally authorized to make arrests in several situations. At the most simple level, police can make an arrest if they have probable cause that the arrestee committed a crime. For misdemeanor offenses, police can make a physical arrest only if the criminal offense occurred in their presence. Additionally, police are required to make an arrest if there is any allegation of domestic violence. In all other circumstances, police may only issue a notice to appear for a misdemeanor offense. These days, many officers can use their discretion to make an arrest or issue a notice, and your attitude toward an officer can sometimes influence them to choose not to make a physical arrest. Always be respectful when dealing with police, but do not give up any of your constitutional rights in the hope that it will help avoid an arrest.

For felony offenses, police officers do not have the same discretion. In Florida, if you are charged with a felony or an officer believe they have probable cause, they are required to make an arrest and book you into the local county jail. Once you are arrested, the police might seek to question you or otherwise obtain additional information about your case. You should always decline to speak with the police without the presence of your lawyer. Police are specially trained to get you to make admissions and otherwise give up evidence, it is important to avoid falling for their strategies and to remain silent at all times. Police will sometimes claim that it will look better to the judge if you are open and honest, but the constitution specifically protects your silence from ever being used against you. When the police are threatening or coercing you to speak, it is important to have a skilled Sarasota criminal defense lawyer on your side who can defend your rights.

Once you have been arrested and booked, the jail will often assign a standard bond for you. If you cannot afford to post the bond immediately, you will go before a judge who will decide if they will decrease or modify your bond conditions. Once released on bond, you have certain conditions that you must follow. Standard conditions include the requirement that you be physically present at your court hearings and that you do not get accused of any new crimes. Judges can also impose more specific bond conditions depending on the charges and your criminal history.

The attorneys at Hanlon Law are here to aid you if you have been arrested or charged with a crime. Don’t hesitate to call us today for a consultation at 941.462.1789.