Protecting Your Rights During an Arrest in St. Augustine

Are You Afraid of Getting Arrested?

It is understandable to be afraid of getting arrested, especially by an overzealous cop on a power trip. Unfortunately, many people are unaware of their rights when dealing with the cops. They are also unfamiliar with tactics cops use to back them into a corner and incite behavior or comments that allow them to place them under arrest.

Dealing with an authoritative figure can make you feel like you are at a disadvantage. Still, it is important to remember that everyone, including police officers, must abide by the law. When they violate your rights and place you under arrest, how you carry yourself will have a direct impact on the outcome of your legal case.

The Law Office of Terry J. Shoemaker is here to help you if you have been unfairly treated or arrested by St. Augustine cops.

What Are Your Rights During an Arrest?

If you are a fan of true crime shows or have watched heist movies involving cops, you have likely heard of the Miranda Rights. These are your unalienable constitutional rights that must be read to you during the course of an arrest or police interrogation. The interesting thing about Miranda Rights is that if people invoke these rights, they often face fewer criminal charges after an arrest, and can even have their charges entirely dismissed.

Let’s pick apart the Miranda Rights and what they mean, as well as your other rights that the police will not willfully inform you of.

The Right to Remain Silent

This is possibly your most valuable right. It means: 

• You are not required to answer the questions of law enforcement, other than identifying yourself in certain situations.

• Anything you say can be used against you in the court of law, even if they don’t formally arrest you.

Use this right. Do not speak to cops, even if they come off as friendly, say someone has already given them information on you, or they insinuate they already know you are guilty. Give them your first and last name, and then say:

“I will not answer any questions without my lawyer present.”

Do not say, “I think I need a lawyer,” or “Maybe I should call someone.” Be assertive, be firm, and then stop talking.

The Right to an Attorney

You have the right to legal representation when dealing with law enforcement. This is true during questioning, interrogations, or any other interaction with police. They will try to convince you that speaking with an attorney is against your best interests. Don’t believe them; failing to have an attorney present when dealing with cops will do more damage in every scenario.

The Right to Refuse a Search

You are not legally required to consent to a search of your person, vehicle, or home unless the officer has a valid warrant, probable cause, or probable cause.

If they ask for permission to search you or your property, say:

“I do not consent to a search,” and nothing else.

If they claim to have a warrant, ask to see it. If they present one, check the judge’s name and signature, check the spelling of your full name for errors, and check the address to make sure it is yours and without errors. If they present a valid warrant, allow them to search what is specified by the warrant and nothing else. Do not interact or converse with officials during your search.

You Have the Right to Leave if Not Detained

In order for an officer to prevent you from leaving or confine you to a space, they must place you under arrest. If they are not detaining you, you are free to leave and ignore their questions. You should do both.

If a cop is asking you questions but they have not officially placed you under arrest, ask them in a stern voice:

“Am I being detained?” or “Am I free to go?” It is common for them to ignore these questions and continue questioning you. They may also say, “If you have nothing to hide, you won’t mind answering a couple of questions. When they do this, say:

“If I am not being detained, I am going to leave.” Don’t take their bait.

Protection Against Unlawful Seizure

The Fourth Amendment protects you from being stopped or detained without reasonable suspicion. Cops must have a lawful reason to pull you over or stop you on the street.

Unlawful seizure includes seizing you just as much as seizing your belongings.

Do You Need to Hire a Criminal Defense Attorney?

While it is true that you can have a public defender assigned to you for your case, these lawyers are often overworked and underpaid with caseloads that don’t allow the one-on-one attention you deserve for your case. You need an attorney who understands your particular circumstances and will give you their undivided attention when dealing with cops who overstep their legal authority.

The Law Office of Terry J. Shoemaker is here to give you that attention. We offer a free consultation, during which you can provide us with the facts of your case and learn what legal services we offer that could benefit the outcome of your arrest.

Nothing feels better than telling a cop to “speak to my attorney” when they ask questions that you are not legally required to answer.

Don’t wait until you have a court date, call 904-736-3387 as soon as you are arrested to find out what you should do and how we can help.