FAQ

IF YOU ARE ARRESTED IN FLORIDA

If you are arrested in Florida, the decision whether to answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you.

If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately.

If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent.

WHEN ARE YOU UNDER ARREST?

You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense.

Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time.

You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest.

Ordinarily, private citizens do not have power of arrest in Florida; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.

CAN A LAW ENFORCEMENT OFFICER DETAIN YOU WITHOUT ARRESTING YOU?

Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require 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.

If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.

The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an articulable suspicion that you are involved in a crime.

At the conclusion of this temporary detention the officer must either arrest you or let you go..

If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer's presence.

WHEN ARE YOU ARRESTED WITH A WARRANT?

A police officer may arrest you at any time if he or she has a warrant for your arrest, or if the officer knows that a warrant for your arrest has been issued.

A warrant is an order issued by a court charging that you committed a particular crime and directing the sheriff and all police officers of the state to arrest you and bring you before the court. You may require the officer to read the warrant after you have been arrested.

An arrest warrant should not be confused with a search warrant.

WHEN ARE YOU ARRESTED WITHOUT A WARRANT?

In Florida, a police officer may make an arrest without a warrant under a variety of circumstances. Among those circumstances are:

1) when the officer knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer;

2) when the arresting officer has good reason to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony.

A felony is a crime which is punishable by death or by imprisonment in the state penitentiary for a term of years. Examples of felonies include the more serious crimes such as murder, sexual battery, robbery, burglary, sale of narcotics, as well as grand larceny, keeping a gambling house and many others;

3) when a misdemeanor is committed in the presence of the officer.

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 shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.

CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST?

The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.

Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.

Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor.

If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.

WHEN ARE YOU SEARCHED?

While the law of search and seizure is very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask the officer to identify himself or herself.

In most cases involving search and seizure issues, "reasonableness" of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only that area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present.

If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They also may check the rest of the house for any hidden accomplices. They may seize any contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be.

Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell the officer if you have a relative or friend who will come and get it, or that you have a preference of your own station, to tow your car.

WHAT PROCEDURES ARE USUALLY FOLLOWED WHEN YOU ARE ARRESTED?

1) The officer will take you to a police station.

2) You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury.

3) You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury.

4) You also may be required to be fingerprinted and photographed.

5) You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole.

WHAT HAPPENS TO PERSONAL PROPERTY WHEN ARRESTED?

If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory.

At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case will be returned to you. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you.

WHAT ARE YOUR RIGHTS AFTER YOUR ARREST?

You have a right to know the crime or crimes with which you have been charged.

You have a right to know the identity of the police officers who are dealing with you. This is your right to statute and by custom.

You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon after you are brought into the police station as practicable. The police have a right to complete their booking procedures before you are allowed to use the telephone.

You have the right to be represented by counsel at all critical stages of your case. If you cannot afford an attorney, the court will appoint an attorney to represent you free of charge, if you qualify under existing criteria as an insolvent person. This right pertains to any offense, however, trivial, for which any imprisonment whatsoever might result.

Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, weigh your decision carefully.

WHAT RIGHTS DO YOU HAVE WHEN QUESTIONED BY THE POLICE?

1) You have the right to remain silent.

2) If you choose to speak, anything you say can be used against you in court.

3) If you decide to answer any questions, you may stop at any time and all questioning will cease.

4) You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.

HOW DO YOU ARRANGE FOR A LAWYER?

If you don't know a lawyer in the area where you are arrested and have no lawyer in your home town whom you would call, you may contact The Florida Bar statewide Lawyer Referral Service at (800) 342-8011 or your county or city bar association for the name of an attorney on the local referral list. Any attorney you contact will be happy to discuss fees with you and give you some idea of the cost involved.

If you cannot afford a private lawyer, you should advise the judge of this fact at your first appearance or as soon after that as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney.

HOW ARE YOU RELEASED?

You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail.

If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community,

financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled.

Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances.

YOU HAVE BEEN CALLED TO COURT TO TESTIFY AS A WITNESS!

You are annoyed; you are upset; and you are nervous. You'll lose time from work. Your leisure time is being interrupted. You'll waste time in court waiting to be called to testify. You don't know anything about the case. Why don't they use the statement you gave them before the trial so you won't have to appear? These feelings are frequently expressed by people when they are called to appear in court as witnesses.

You, as a witness, have a very important job to do important not only to the party for whom you appear and to yourself, but also to the American system of justice. In order for a jury or a judge to make a correct and wise decision, they must have all of the evidence placed before them accurately and truthfully by witnesses. Your lack of cooperation or failure to come forth as a witness could cause an unjust result in a trial.

All the people involved in a legal action, the judge, the lawyers and the parties, know your time is valuable and you have other things you would rather be doing than testifying in court. Every attempt will be made to waste as little of your time as possible. There may be unavoidable delays in getting you on and off the witness stand, but be patient. You have not been forgotten.

Frequently, witnesses who have already given oral or written statements before the trial are called to testify. You may wonder why you should be inconvenienced by going to court when your statement could be used in lieu of your appearance. Under our adversarial form of trial, the judge would not allow the statement into evidence, because the law requires the witness to appear in court, tell his or her story under oath and be subject to questioning by all parties. Therefore, even though you have previously given a statement about the facts of the case, your presence at the trial is still required.

Persons called as witnesses frequently believe they do not know any relevant facts about the case and therefore should not be called. However, you may know a very important fact about the case, even though it may seem unimportant to you. Remember, the lawyers investigate thoroughly and know what testimony is necessary to win the case. If your testimony is not essential to the case, you will not be called.

If you are subpoenaed to court, do not ignore the subpoena. It is an order of the court and must be obeyed. Failure to appear in court in response to a subpoena could place you in contempt of court. The subpoena may contain a note asking you to call the lawyer who issued it for instructions as to when to appear for trial. Do so it will save you time.

If you have already given a written statement, you may refer the lawyer to that statement. It is not necessary that you give more than one written statement.

As in every other endeavor in life there is a right way and a wrong way to be a good witness.

THE FOLLOWING WILL BE HELPFUL TO YOU IN COURT:

Prior to your appearance in court, go over the facts of the case in your mind. If it is an accident case, visit the scene of the accident. It may help to refresh your memory.
When you take the witness stand, get comfortable, sit erect and look around to familiarize yourself with the court surroundings.
In testifying, the first rule is to tell the truth. Don't answer questions with half-truths. Don't try to judge whether an answer is going to help or hurt one side or the other. Don't let your personal judgment of who should win or lose color your testimony. Avoid expressing your opinion about the guilt or innocence of the involved parties. That is the job of the jury. As a witness, your sole duty is to tell it like you saw it. Nothing more, nothing less.
Answer the questions clearly and loudly enough so everyone can hear you. Don't talk too fast or too slowly. Don't mumble or slur your words. Look at the jury and address your remarks to it, so that the jury members will be able to hear and understand what you have to say.
Be serious at all times. The courtroom is not the place to be cute or humorous.
Do not memorize your testimony. It will sound rehearsed and lack the ring of truth.
Listen to the questions carefully. If you do not hear a question, ask that it be repeated. If you do not understand a question, ask that it be rephrased. Don't attempt to guess at an answer to a question that you didn't understand or hear. If you do not know the answer to the question, state simply that you do not know. The trial of a court action is not like a television quiz program where you must come up with some type of a guess for an answer.
Answer directly and simply only the questions asked you, and then stop. Do not volunteer information.
If you make a mistake in answering a question, correct it immediately.
If a question can't be truthfully answered with a "yes" or "no," you have a right to explain the answer.
If an objection is made by one of the lawyers, or the judge speaks, stop your testimony immediately. Do not try to complete your answer.
Don't argue with the lawyer asking the questions.
While testifying on cross-examination, don't look to the lawyer who called you for help in answering the question. You are on your own. If the question is improper, the lawyer will object and the judge will rule on it. It is important, however, that you listen to the objection so that you understand why it is being made.
If the question is about distances, time or speed and your answer is only an estimate, be sure that you say it is only an estimate.
If you are asked whether or not you have talked to anyone about your testimony before coming to court, be sure to answer "yes" if you have. There is nothing wrong with discussing the facts with the lawyers, parties, police or investigators prior to trial.
Finally, be natural. Be yourself. Don't try to be someone you are not. If you relax and tell the truth and remember you are just talking to some neighbor on the jury, you will get along fine.

WHAT COURTS MAKE UP THE FLORIDA SYSTEM?

The Florida court system consists of the Supreme Court at Tallahassee; five district courts of appeal which have appellate jurisdiction for most cases, located in Tallahassee, Daytona Beach, Lakeland (with a branch in Tampa), Miami and West Palm Beach; county courts in each of Florida's 67 counties; and 20 circuit courts having jurisdiction over one or more counties.

WHO PAYS FOR THE COURT SYSTEM?

The state pays the salaries of all judges and their administrative assistants, who are called judicial assistants. The state and counties share most of the remaining expenses, with the county providing the facilities used by trial courts. The state provides facilities for appellate courts.

WHAT LEVEL OF COURT WOULD HANDLE YOUR CASE

County Courts , which are courts of limited jurisdiction, handle among other things:

County and city ordinance violations, including traffic infractions.
Minor offenses (misdemeanors) which provide for a maximum sentence of one year or less in the county jail.
Civil cases involving amounts of $15,000 or less, such as landlord-tenant and small claims disputes.

Circit Courts , which are courts of general jurisdiction, handle, among other matters:

Domestic relations cases such as dissolution of marriage (divorce), guardianship, juvenile delinquency and juvenile dependency (cases of child abuse, neglect, and abandonment.)
Major criminal offenses (felonies) which can result in imprisonment in a state institution.
Probate matters, such as the processing of wills and settling of estates of deceased persons.
Civil cases involving amounts greater than $15,000.
Appeals from county court judgments, except when a state statute or provision of the state constitution is held invalid.

District Courts of Appeal , which sit in panels of three judges, or en banc (special cases), decide appeals from circuit courts in most criminal and civil cases. They also have jurisdiction to decide appeals from county courts when (1) a state statute or provision of the state constitution is held invalid, or (2) for orders or judgments of a county court which are certified to be of great public importance and are accepted for review. In Florida, district courts of appeal are courts of finality in many instances.

The Florida Supreme Court, which has seven justices, decides the most important legal issues in Florida. Among other issues, the court decides:

Constitutional questions.
District court decisions holding invalid laws or provisions of the state constitution.
Questions certified by the district courts as being of great public importance or in conflict with another district court's decision.
Conflicts between those courts or between district courts and the Supreme Court.
Bond validation judgments.
The legal sufficiency of Public Service Commission rulings on electric, gas, or telephone utilities rates or service.
The legal sufficiency of all judgments imposing the death penalty.

ARE THESE COURTS CONVENIENT TO YOU?

Circuit courts and county courts are located in each county. The county courts may meet in any location convenient to the people and at any time, including evenings and weekends. Typically, however, they meet in either the main courthouse or in branch courthouse buildings, which usually are located in the most convenient, populous part of a county.

The chief judge of each of Florida's 20 judicial circuits has the power to decide when and where circuit or county courts meet.

WHO CAN BE A JUDGE?

Under a law passed in 1978, all new judges must be lawyers. County court judges must have been Florida lawyers for five years prior to qualifying for election or appointment. In counties with a population of less than 40,000, county court judges need only be Florida lawyers in good standing.

Circuit court judges must have been Florida lawyers for at least five years before their appointment or election.

District court judges and Supreme Court justices must have been Florida lawyers for at least 10 years before their appointments.

Judges must devote full time to their judicial duties and may not have a private law practice or hold office in any political party.

HOW ARE JUDGES SELECTED?

All circuit and county court judges who are not appointed by the governor to fill vacancies are chosen by the electors in nonpartisan judicial elections.

However, under an amendment to Article V, section 10, which was passed by Florida voters in November 1998, counties may choose to hold a vote on Election Day 2000 to decide whether they want their local judges selected under a "merit selection and retention" system. In elections subsequent to 2000, any county or circuit may hold an election to return to the alternate method. Justices of the Supreme Court and judges of the district courts of appeal are appointed by the governor after their names have been submitted by a nominating commission. Incumbent justices of the Supreme Court and the judges of the district courts of appeal run for six-year terms under a merit retention system when the name of each justice or judge appears on the ballot as a question to the voters: Should the justice or judge be retained in office? When an unfavorable vote results, the judicial position becomes vacant automatically, and the nominating process begins anew. Most judges and justices are retained in of fice to continue their work.

HOW DOES THE JUDICIAL NOMINATING PROCESS WORK?

A nine-member panel of lawyers and non-lawyer members of the public screens applicants for vacant judgeships and recommends at least three nominees to the governor for appointment. Twenty-six judicial nominating commissions operate in Florida: one for the Supreme Court of Florida; one for each district court of appeal and one for each of the 20 judicial circuits. Each commission consists of three lawyers appointed by The Florida Bar; three memberswho may or may not be lawyersappointed by the governor, and three non-lawyer members of the public selected by the other six members.

A 1984 constitutional amendment requires that uniform rules of procedure be established by commissions at each court system level and that certain records and proceedings be open to the public.

HOW ARE JUDGES DISCIPLINED?

Article V, section 12 of the Constitution creates a Judicial Qualifications Commission, which is charged with the duty to investigate allegations that conduct of a Florida judge or justice "demonstrates a present unfitness to hold office." This 15-member Commission is composed of judges, attorneys, and lay persons-public citizens. Upon investigation and a hearing, the Commission may recommend the discipline or removal of a judge or justice. That recommendation goes to the Florida Syupreme Court.

WHAT IF YOU CANNOT AFFORD A LAWYER?

In criminal cases a public defender or private counsel may be appointed to represent an indigent defendant.

In civil matters, legal assistance can be found by looking under "Legal Aid" or "Legal Services" in the white pages of the telephone book, or by calling information for the telephone number of the nearest local bar association office.

HOW DO YOU FIND A LAWYER?

Consult the yellow pages for the number of your nearest lawyer referral service or dial The Florida Bar Lawyer Referral Service toll-free, 1-800-342-8011.

WHERE CAN YOU GET MORE INFORMATION?

Contact:

State Courts Administrator
Supreme Court Building
Tallahassee, Florida 32399-1900
Telephone: (850) 922-5081

FAQ