Understanding Your Rights When Arrested

July 02, 2025

Facing an arrest can be an overwhelming and frightening experience. In the heat of the moment, it's easy to feel powerless and unsure of how to respond. However, knowing your rights when arrested can make a significant difference in how your case unfolds and in protecting your future.


At Donet, McMillan & Trontz, P.A., our dedicated criminal defense attorneys in Miami are here to ensure that your rights are fully respected and to guide you through the process from start to finish.

The Fundamental Rights You Have When Arrested

When arrested in Florida—or anywhere in the United States—you are protected by the U.S. Constitution and state laws. These rights are designed to prevent abuse of power and to ensure fair treatment under the law.

Here's what you need to know:

1. The Right to Remain Silent

Under the Fifth Amendment, you have the right to remain silent. You're not obligated to answer questions from law enforcement or prosecutors beyond basic identifying information (such as your name).

Why it matters: Anything you say can be used against you in court. Staying silent helps you avoid self-incrimination. While you may believe the statement you provide will help your situation, you may be assisting the government in proving the case against you. The prudent rule of thumb is to not provide any statements, written or oral to law enforcement.

2. The Right to an Attorney

The Sixth Amendment guarantees your right to an attorney. If you cannot afford a private lawyer, the court will appoint a public defender to represent you.

You can—and should—ask for a lawyer as soon as possible after your arrest. Once you request a lawyer, questioning by police must stop until your lawyer is present.

3. The Right to Be Informed of the Charges

You have the right to know the charges against you. Within a reasonable time after your arrest, law enforcement must provide information about why you're being detained.

4. The Right to a Fair and Speedy Trial

If your case proceeds to court, you are entitled to a fair and speedy trial before an impartial judge or jury.

The Miranda Warning: What You Should Hear

In most arrests, police must recite the Miranda warning to inform you of your rights:

"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 one, one will be appointed for you."

If you weren't read your Miranda rights and were questioned, statements you made may be inadmissible in court. This rule only applies if officers attempt to interrogate you.

What You Should (and Shouldn't) Do When Arrested

✅ Stay calm and polite, even if you feel the arrest is unfair.

✅ Ask for your attorney immediately—don't wait.

🚫 Do not resist physically or verbally—it can lead to additional charges.

🚫 Do not discuss your case with anyone but your lawyer.

🚫 Do not argue or explain your side to police.

🚫 Do not consent to searches of your property or person without a warrant.

🚫 Do not make statements without your lawyer present.

How Donet, McMillan & Trontz, P.A. Can Help

At Donet, McMillan & Trontz, P.A., we understand that an arrest can turn your life upside down. Our experienced attorneys provide immediate and personalized legal support to protect your rights and build the strongest defense possible.

• Thorough Investigation: We scrutinize every detail of your arrest to identify any constitutional violations or improper police conduct.


• Strategic Representation: Whether negotiating plea deals or taking your case to trial, we fight aggressively for your best interests.


• Personalized Advocacy: We know how stressful this time can be, and we're here to explain each step and ensure you feel confident about your options.

With decades of experience in the Florida legal system, we are committed to standing by your side—and achieving the best possible outcome.

Final Thoughts

An arrest doesn't have to define your future. By understanding your rights and working with skilled legal counsel, you can take control of your situation and protect what matters most.

If you or a loved one has been arrested, don't wait.

Contact Donet, McMillan & Trontz, P.A. today at (305) 444-0030 or visit www.dmtlaw.com to schedule a confidential consultation. Let us help you navigate the legal process with clarity, compassion, and strength.