Aug 1, 2015

Can a Person in Florida Be Arrested without a Warrant?

Can a Person in Florida Be Arrested without a Warrant?

Typically, when people refer to a warrantless arrest in Florida, they are speaking about a particular type of arrest in which an individual is taken into custody despite the fact that the officer handling the situation did not witness the event which they are being detained for.

Florida warrants and an officer witnessing a crime are the two most common justifications for arrests, but they are not the only ways in which an officer might legally detain and book someone.

What Types of Crimes Can Result in Warrantless Arrest?

If a person has committed certain types of crimes, they may be incarcerated regardless of the fact that an officer did not witness the crime, even if there are no FL warrants out for that individual.  In short, the person might be arrested based only on the (trusted) testimony of others, or other types of evidence.  These are known as “misdemeanour exceptions,” and include crimes like battery, retail or farm theft, carrying a concealed weapon, and stalking.  Violation of a domestic violence injunction, possession of a firearm when a person is legally prohibited to have a firearm, and contributing to the delinquency of a minor are a few other examples.

So what can you do in case you are taken into custody?

There are basically two things you should do when you are incarcerated without a warrant:

  • Remain quiet in order not to incriminate yourself. The Fifth Amendment to the US Constitution gives you the right ‘not to be a witness against yourself’.
  • Get a good criminal lawyer as soon as possible. His main job will be to refute the evidence that brought to your arrest and thus leave the police without a justified cause to detain you.
Can a Person in Florida Be Arrested without a Warrant? was last modified: May 9th, 2016 by Florida Arrests