Know Your Rights
Legal Rights & Immigration Guidance
Understand the protections available after an arrest, how immigration detainers work, and where to find qualified attorneys. Share this guide with family members so everyone knows what to expect.
Emergency Tip
State clearly: “I want to remain silent and speak with a lawyer.” Repeat it if questioning continues.
Core Legal Protections
Miranda & Silence
You have the right to remain silent and to decline answering questions without an attorney present. Clearly state, “I am invoking my right to remain silent.”
Right to Counsel
Whether you plan to hire an attorney or request a public defender, ask for counsel immediately. Police must stop questioning once you request a lawyer.
Due Process & Hearings
You are entitled to a prompt first appearance, bond hearing (where applicable), and notice of any charges, evidence, and court dates.
Immigration Matters
Navigating ICE Detainers & Consular Rights
Many Florida counties cooperate with federal immigration authorities. If you or a loved one is a non-citizen, review these steps immediately and gather documents for both criminal and immigration attorneys.
ICE Detainers & Holds
County jails may receive immigration detainers asking them to hold someone for ICE pickup. You can ask the jail for written documentation of any detainer and the expected transfer timeline.
Consular Notification
Foreign nationals typically have the right to contact their consulate. Request consular access in writing and keep copies for your records.
Immigration Attorneys
Criminal and immigration matters can overlap. Coordinate with defense counsel and, if possible, retain an immigration attorney experienced in detention, removal, and bond hearings.
FAQ
Updated December 2025Can I refuse a search?
You may refuse consent to search your home, vehicle, or phone if officers do not have a warrant. Politely state that you do not consent, but never physically interfere with officers.
What if I need a public defender?
Inform the judge at your first appearance that you cannot afford private counsel. Provide financial information honestly; the court will assign a public defender if you qualify.
Do immigration holds affect bail?
An ICE detainer can delay release or create additional bond hearings even if you post local bail. Work with both criminal and immigration counsel to coordinate any release plans.
How do I report rights violations?
Document everything in writing, including dates, times, and witness names. Share this with your attorney, who can file motions, complaints, or civil actions as appropriate.