Though it may not feel like it at the moment you are confronted by intimidating police officers for allegedly committing a crime, you actually are entitled to several rights while being arrested and after you are arrested as well. If these rights are violated, you may even be able to have your charges lightened or lifted due to the invalid process of your arrest.
While being arrested in Florida, you have the following rights:
- The right to remain silent
- The right to have an attorney at critical stages of the prosecution
- In some cases, the right to a bond set
- The right to depose the witnesses against you if you are charged with a felony
- The right to know all the evidence the State intends to use against you such as witness statements, videos, scientific evidence, and police reports
- The right to a jury trial
You also have the right to be physically and emotionally safe from unnecessary harm during your arrest. If you are hit for no reason while being arrested, or if the officer uses verbal aggression and racial slurs on you while arresting you, you can hold them legally accountable in court.
If a police officer acted very irrationally and they caused you a lot of physical harm while arresting you, then they may be charged with police brutality. The more evidence you have to prove the officer acted aggressively without any reasonable trigger, the more chances there are that the officer will be held to account for their actions.
What should I do if police officers want to come to my house and conduct a search?
If the police show up at your door and they state they want to conduct a search, you do not have to let them in unless they state they have a search warrant. If police officers come to your home with a search warrant, then you cannot stop them from entering your home. They have the authority to search your home, but they still must announce their presence beforehand.
If they barge into your home without informing you first, you may be entitled to legally suppress their findings. Police officers also must have a strong reason to believe you were responsible for the crime they are accusing you of.
For them to obtain the warrant in the first place, they must prove probable cause. However, it sometimes does happen that after the search occurs, it is determined that the officers did not have enough evidence to obtain the warrant in the first place. If this is the case, you can take legal action against them for violating their rights and can have the evidence gathered suppressed because it was illegally obtained.
Get in touch with a criminal defense attorney at the Law Firm of Trevena Pontrello and Associates today to see if any of your rights were violated during your arrest.
Contact us at:
801 W Bay Drive
Largo FL 33770
Phone: (727) 581-5813