An arrest occurs when police officers take a suspect into custody and are completed as soon as the suspect is no longer free to walk away from the arresting officer. According to the U.S. Constitution’s Fourth Amendment, an arrest is authorized only if the police have a probable cause to believe that a crime was committed, and the suspect did it. A Miami Dade County arrest requires taking someone into custody against that person’s will to interrogate or prosecute.
Difference between Detention and Arrest in Florida
Under Florida law, detention is when a police officer may stop you and ask you to identify yourself and explain your presence at a particular time and the officer may not remove you from the immediate vicinity without arresting you. Under a variety of circumstances, a police officer may arrest you without an arrest warrant and among those circumstances are:
- When the officer arresting you has good reason to believe that a felony is being or has been committed and that you are the suspect who has committed or committing the felony.
- When a misdemeanor is committed in the presence of the officer.
- When the officer is aware that a warrant for your arrest has been issued and is still in effect even though the warrant may be in possession by another police officer.
What Are Your Rights After an Arrest?
Law enforcement in Florida must treat everyone fairly regardless of national origin, religion, race or ethnicity. When getting arrested, you have a right to:
- Know the crime/s you have been charged with.
- Know the identity of the police officers who are dealing with you.
- A right to an attorney
- To communicate by telephone with your family, friends, with your attorney, or a bonds person as soon as your booking procedures at the police station have been completed.
In Need of a Bondsperson Assistance After a Miami Dade County Arrest?
If you believe that a Miami Dade County arrest against you is unlawful, contact your attorney and get in touch with Miami Bail Bonds if you can’t afford the set bail after an arrest. Our bond agent is just a phone call away.