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The Arrest Process

Getting arrested can be a stressful, terrifying thing, especially if you’ve never been arrested before. Understanding the Kissimmee arrest process can help you feel more confident in what’s happening, what your rights are, and what to expect. If you or a loved one have been arrested, or suspect you may be arrested, contact Hanlon Law today to schedule a free consultation. 


What Happens When You’re Arrested?


A typical arrest usually begins with a law enforcement officer (or officers) approaching you and confirming your identity. This usually just entails them asking “Are you [Your Name]?” Your answer in the affirmative is considered confirmation enough. 


An officer will then announce that you are under arrest and begin “Mirandizing,” or reciting your Miranda rights. There’s no specific wording demanded by Miranda law, but the officer must convey the following points: 


  • You have the right to remain silent
  • Anything you say can and will be used against you in a court of law
  • You have the right to an attorney 
  • If you cannot afford an attorney, one will be appointed to you at public expense


The officer must also confirm that you understand your rights, usually by asking “Do you understand these rights as they have been explained to you?” 


Once your rights have been read (or even while your rights are being read), an officer will handcuff you and lead you to a police vehicle, and you will be taken to the local authority’s jail house. 


What Happens After You’re Arrested?


Once you’ve been arrested and taken to the jailhouse, you will be processed. This usually involves having your picture taken (your mugshot), as well as your fingerprints. Your belongings may be confiscated and documented, and you may be required to change clothes. 


At this point, you will have the opportunity to call someone, such as a lawyer or family member. You may also be able to post bail to get out of jail. The specific bail amount is determined either by Florida law, as in the case of most misdemeanors, or by the judge who signed the arrest warrant. 


If you were arrested on an officer’s probable cause with no arrest warrant, and there is no predefined bail amount specified by Florida law, then you will have to stay in jail until your first appearance before a judge, which will be scheduled within 24 hours of your arrest. At that appearance, the judge will confirm whether or not probable cause was present, and will either determine your bail, deny bail, or release you on your recognizance. 


Some more severe charges may dictate that no bail be posted at all until a first appearance is held, even if an arrest warrant is issued (for example, domestic violence charges). 


Arrest Warrants vs Arrests of Probable Cause


Usually, a law enforcement officer must seek an arrest warrant if they want to arrest someone. Such warrants are issued by a judge, who must sign off on the warrant for it to be used as the basis for an arrest. The judge will review the case, evidence, circumstances, etc, and determine whether or not there is enough probable cause to grant the warrant. 


However, in some circumstances, a law enforcement officer may make an arrest without such a warrant, if they are presented with enough probable cause “in the moment.” The Florida Rules of Criminal Procedure 901.15 denotes that officers may make an arrest without a warrant if the suspect in question has:


  • Committed a felony or misdemeanor or other violation in the presence of the officer
  • Clearly committed or is clearly in the process of committing a felony
  • Been accused of domestic violence
  • Been found driving under the influence
  • Violated an injunction of protection (restraining order)
  • Been accused of child abuse
  • Trespassed in a secure area of an airport
  • Assaulted a law enforcement officer, firefighter, emergency medical care provider, public transit employee/agent, etc
  • Violated a safety zone


If this happens, a judge will review the case within 24 hours of the arrest to confirm that probable cause exists and that the arrest was lawful.


Arrest Warrants vs Notices to Appear


While arrest warrants are almost always required when the alleged offense in question is a felony, misdemeanors may be met with a notice to appear. 


A notice to appear is essentially the same as being arrested, just without the handcuffs. If you are served a notice to appear (which will either be given to you by an officer in person at the “scene of the crime” as it were, or will be sent to you in writing), you will be given a specific date on which you must appear in court to answer for your arrest. At this appearance, you will be informed of the charges against you and your rights, and the judge will either set or deny your bail.


If you do not appear, the presiding judge will issue an official warrant for your arrest, and an officer will seek you out to arrest you in person. 


Is A Notice to Appear Better Than Being Arrested? 


Generally speaking, a notice to appear is preferred to being physically arrested, because notices to appear mean you get to stay at home until your court date. If you are physically arrested, you will be held in jail until your first appearance, unless there is a specific bail listed that you can post to be released. 


However, it’s important to remember that a notice to appear is, legally, the exact same as being arrested. The arrest will go on your permanent criminal record, and it will have the same legal repercussions as being physically arrested. 


Kissimmee Criminal Defense Lawyers


Even if you fully understand the arrest process, it’s still important to contact an experienced defense attorney as soon as possible. At Hanlon Law, our team has nearly twenty years of experience in the courtroom. We’ll keep you in the loop for every step of the process, and take advantage of every opportunity to advocate on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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