When you are arrested in Miami, you must remain silent and careful. This guide outlines 5 common mistakes that could harm your case before you meet with your legal representative at the station.

Key Takeaways

  • Exercise the Fifth Amendment to the U.S. Constitution, which guarantees you the right to remain silent, and end any questioning right away.
  • Assume that all jail phone calls are recorded and monitored by the prosecution.
  • Avoid being pressured to allow a search of your vehicle, home, or electronic devices that are requested.
  • Do not engage in any social media activity or messaging about the incident or arrest.
  • Do not touch victims or co-defendants to prevent witness tampering charges.

The time just after an arrest can be the most critical time in a court case. A police station environment is a very high-pressure setting where self-preservation is paramount, but if lacking the support of an experienced legal advocate, this can cause some permanent damage. Time plays a critical role in your case, and what you do in the hours before your lawyer arrives can determine the course of the entire case.

1. Talking to the Police Without Counsel

Hiring a criminal defense attorney in Miami right away is essential because anything you say prior to their arrival will be used against you. Many people think that they will be able to “talk down” the issue to the officers, which will lead to their dismissal. This is a hazardous false belief. You have the right to remain silent, according to Article I, Section 9 of the Florida Constitution and the Fifth Amendment of the U.S. Constitution.

“Interrogation” techniques are taught to law enforcement personnel to get confessions. Even though you are saying something in an innocent way, it can be used as evidence of intent or knowledge. After your right to counsel has been invoked, the police must cease questioning you. Avoid “small talk” and don’t try to be helpful; wait for your representative to control all communications.

2. Discussing the Case on Jailhouse Phones

During your wait for a criminal defense attorney, you may want to call a family member or a friend to talk to them about the situation or get their assistance. At facilities in Miami-Dade, like the Turner Guilford Knight Correctional Center (TGK), all calls are recorded except for one that is made directly to your legal counsel.

State prosecutors regularly use them to search for discrepancies and confessions. Words or phrases, such as coded language or vague references to the incident, can be used to work against you. The recordings are sometimes played back in court to establish a “guilty mind” or to challenge your testimony if you are called to testify later. If you have to call your home, only state the bail, where you are, and that you need legal help.

3. Posting on Social Media

Your social media profile can be the prosecutor’s dream. Tweeting about an incident, checking in at the scene, or “private” messaging on social media sites such as Instagram or Facebook could undermine the defense and prove fatal. These platforms are not private, and prosecutors have the power to obtain data, such as deleted messages and metadata, via a subpoena.

Even seemingly irrelevant posts can hurt. For example, a picture of you at a club can be used to challenge your character or your location at a certain time. If you are unsure, then deactivate your accounts or stop posting until your case is solved. Talk to no one online about your arrest or the facts.

4. Contacting the Alleged Victim or Co-Defendants

One of the quickest ways to make a manageable case a legal nightmare is to try to reach out to an alleged victim to “clear the air” or to ask a co-defendant to “stick to the story.” In Florida, these activities can result in charges for tampering with a witness, as punishable by Florida Statute § 914.22. This is an actual felony for which there are its own harsh penalties, whether or not the initial charge is correct.

In addition, many bond conditions issued in Miami-Dade County have a “Stay Away” stipulation. If you contact a victim over a third party, social media, or otherwise, you could lose your bond, and you will be stuck in jail until your trial date. Have all the required investigations and interviews done by your lawyer through official channels.

5. Consenting to Searches

The Fourth Amendment and Florida Statute § 933.04 guarantee that you are entitled to be free from unreasonable searches and seizures. Sometimes they do not have the probable cause to get a warrant, so they will come in and ask for “consent” to search your car, cell phone, or home. They may state that it will be a chance for you to “prove you have nothing to hide.

Never agree to a search. If the police have a warrant, they will do so whether you have given them permission or not. Consent waives the right to challenge the legality of the search later if they do not have a warrant. Politely say, “I don’t agree to any searches,” and let your attorney check it out. This safeguards your privacy, and you can exclude any evidence that is obtained illegally in court.

Sitting alone in front of Florida’s justice system is a risky business with lifetime repercussions. When you’re in custody, don’t talk, and start protecting your future right now. Call a seasoned legal expert now to start developing a legal defense strategy.