What to Do If You Are Arrested

Being arrested can be a terrifying experience, but it is important to remain calm and remember your rights. The steps you take immediately following your arrest can have a significant impact on the outcome of your case, so it is important to know what to do.

If you are arrested in Winter Park, make sure to:

• Remain silent: You have the right to remain silent, and you should exercise this right. Anything you say can and will be used against you in court, so it is best to say nothing at all. You should also avoid answering any questions from the police or investigators without your attorney present.
• Be polite: You should always be polite and respectful to the police, even if you believe you are being treated unfairly. Resisting arrest or arguing with the police will only make matters worse.
• Ask for an attorney: You have the right to an attorney, and you should ask for one as soon as possible. If you cannot afford an attorney, one will be appointed to you. You should not answer any questions or provide any statements to the police or investigators without your attorney present.
• Do not consent to a search: The police may ask to search your person, your vehicle, or your home. You have the right to refuse a search, and you should do so. If the police have a valid search warrant, they can search your property without your consent. However, if they do not have a warrant, they cannot search your property without your consent or probable cause.
• Do not resist arrest: Resisting arrest is a crime, and it can lead to additional charges. Even if you believe you are being wrongfully arrested, you should not resist. You can address any concerns with your attorney later.

What to Expect After an Arrest

After you are arrested, you will be taken to the police station or the county jail, where you will be booked. The booking process involves taking your photograph, your fingerprints, and your personal information. You will also be asked to provide a statement, but you should not do so without your attorney present. After you are booked, you will be placed in a holding cell until you are released or until you appear before a judge.

After your arrest, you will be required to appear before a judge for your first appearance, where the judge will:

• Inform you of the charges against you
• Advise you of your rights
• Ask if you have an attorney
• Determine if you are eligible for bail
• Set the conditions of your release

If you are eligible for bail, the judge will set the amount of your bail. If you are unable to pay the full amount of your bail, you can post a bail bond. A bail bond is a type of surety bond that guarantees your appearance in court. You will be required to pay a non-refundable fee to the bail bondsman, who will then post the bond on your behalf.

After your first appearance, you will be required to appear before a judge for your arraignment. At your arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. If you plead guilty or no contest, your case will proceed to sentencing. 

If you plead not guilty, your case will proceed to trial. In some cases, your attorney may be able to negotiate a plea agreement with the prosecution, which can result in reduced charges and/or penalties.