What to Do If You’re Arrested in Miami: A Step-by-Step Guide

Being arrested can be a terrifying and confusing experience. Whether you’re facing DUI charges, drug possession, assault, or theft, knowing your rights and the right steps to take can significantly impact the outcome of your case.

At Francisco Marty Law, we specialize in protecting the rights of individuals arrested in Miami. This guide will walk you through the critical steps you need to take if you’re ever in police custody.

Stay Calm & Composed 😤➡️😌

Your reaction to an arrest can influence how your case unfolds. Resisting arrest or arguing with officers can lead to additional charges such as resisting arrest or obstruction.

✅ Keep your hands visible and avoid sudden movements.
✅ Do not resist, even if you believe the arrest is wrongful.
✅ Stay quiet and focus on protecting your legal rights.

📌 Remember: Anything you say or do can be used against you in court. Stay silent and cooperative.

Invoke Your Right to Remain Silent 🤐⚖️

One of the most important rights you have when arrested is the right to remain silent under the Fifth Amendment.

🚨 You do NOT have to answer any questions without a lawyer present.
🚨 Simply say: “I am invoking my right to remain silent and would like to speak to an attorney.”
🚨 Do NOT discuss your case with the police, even if they seem friendly.

📌 Police may try to get you to talk by saying things like:
❌ “This is just a simple misunderstanding—tell us what happened.“
❌ “If you cooperate, we can help you.”
❌ “Your friend already told us everything.“

👉 Don’t fall for these tactics! Stay silent until you have legal representation.

Do NOT Consent to Searches 🔎🚔

Law enforcement may ask to search your home, car, or belongings. Unless they have a valid warrant, you have the right to refuse.

✅ Politely but firmly say: “I do not consent to a search.”
✅ Do not physically resist if they search anyway—your lawyer can challenge it in court.
✅ If police have a search warrant, ask to see it first.

📌 Any evidence obtained without a warrant or probable cause can potentially be suppressed in court.

Request a Lawyer IMMEDIATELY 📞⚖️

The biggest mistake people make after an arrest is speaking to the police without a lawyer present. You have the right to an attorney, and you should use it.

✅ Clearly say: “I want to speak to an attorney.”
✅ Do not answer any further questions until your lawyer arrives.
✅ If you cannot afford a lawyer, you have the right to a public defender.

📌 A criminal defense lawyer protects your rights and prevents self-incrimination. Do not waive this right!

Understand the Booking & Bail Process ⏳💰

After an arrest, you will be taken to a Miami-Dade detention center for booking. This includes:

• Fingerprints & Mugshot 📸
• Personal Belongings Confiscated 🎒
• Holding Cell Placement 🚔

🔹 You may be released on bail or held until your first court appearance.
🔹 A judge will determine bail amount based on the severity of the charges.
🔹 A criminal defense attorney can fight for lower bail or a pretrial release.

📌 Do NOT discuss your case with other inmates—anything you say could be used against you later.

Attend Your Court Hearing & Follow Legal Advice 🏛️📜

After your arrest, you will be scheduled for a first court appearance (arraignment) where:

✅ You will hear the charges against you.
✅ You will have the option to plead guilty, not guilty, or no contest.
✅ Your lawyer will begin negotiating or fighting the charges.

Missing a court date can lead to a warrant for your arrest—always attend as scheduled!

Final Thoughts: Why You Need a Criminal Defense Lawyer

Being arrested doesn’t mean you are guilty. With the right defense strategy, charges can be reduced or even dismissed.

If you or a loved one has been arrested in Miami, act fast! Contact Francisco Marty Law for a free consultation and start building your defense today.