What Are Your Phone Call Rights After an Arrest in Florida?

Being arrested can be a distressing experience, leaving you feeling isolated and anxious. In such moments, it is critical to contact friends or family to inform them about your situation and arrange for help. Connecting with loved ones can also provide practical assistance, such as securing legal representation or arranging bail.

Having an experienced criminal defense attorney can significantly impact the outcome of your case. If you’re arrested in Florida, you have the right to a phone call. From the moment you can make that call, contacting a lawyer who can advise you and protect your interests is paramount. Our team at Fighter Law, including board-certified attorney Thomas Feiter, is here to help.

What Are Your Rights After an Arrest in Florida?

After an arrest, several rights are afforded to you to ensure fair treatment under the law. Once taken into custody, you will undergo a booking process where your personal information, fingerprints, and photographs are recorded. Depending on the alleged crime, you may be released with a court date or held until you appear before a judge.

Among your most critical protections are the rights outlined in the Miranda warning, which requires law enforcement to recite during an arrest. These rights include:

  • The right to remain silent
  • The right to an attorney
  • The right to know that anything you say can be used against you in court

Additionally, you have several other rights after being arrested:

  • The Right Not to Incriminate Yourself: Beyond remaining silent, you are protected from being forced to confess or provide evidence against yourself.
  • The Right to Refuse Consent to a Search: Unless police obtain a warrant, you can refuse to allow searches of your person, vehicle, or home.
  • The Right to Make and Complete a Phone Call: This includes contacting a lawyer without police listening in and calling family or friends to inform them of your situation and arrange for bail.
  • The Right to an Itemized Receipt for Any Property Police Take: This ensures transparency and accountability for your belongings.

Knowing and asserting these rights is crucial to protecting yourself legally. Police officers cannot force you to waive these rights through threats or coercion. Understanding your rights helps ensure fair treatment and provides a solid foundation for your defense.

Do You Only Get One Phone Call From Jail?

Contrary to popular belief, there is no “one phone call” rule. While you may be informed of your right to a phone call, this right is not limited to just one call. The reality is that you can make multiple phone calls as needed within reason to contact your lawyer or inform your family about your arrest.

For instance, if you cannot reach your attorney initially, you have the right to call back later. Similarly, law enforcement should allow you to make those calls if you need to arrange for someone to pick up your children or handle other urgent matters. The key is that law enforcement cannot unreasonably restrict your ability to communicate with necessary parties outside the jail.

Can the Government Listen to My Phone Calls Made From Jail?

In Florida, phone calls from jail are typically recorded, except for those made to attorneys. These calls are protected under Fla. Admin. Code R. 33-602.205, considered attorney-client privilege, and meant to be confidential. Inmates can make private phone calls to their attorneys upon presenting evidence that the call is necessary.

It is important to know that while law enforcement may record other phone calls, these recordings are generally used to gather evidence. Therefore, limiting your conversation to essential information is advisable when speaking to anyone other than your lawyer. Assume that non-attorney calls are being monitored and recorded, and avoid discussing details about your case that could be used against you.

Talk to Criminal Defense Lawyers in Orlando Today

Even if you have a right to a phone call, it is essential to exercise this right wisely. Law enforcement officers may record or listen to your calls, potentially using the content against you. To protect your rights, contact an experienced criminal defense attorney as soon as possible after your arrest. Immediate legal guidance can help uphold your rights and provide you with the best possible defense.

At Fighter Law, we are dedicated to providing aggressive representation and compassionate support to those facing criminal charges. Our committed legal team will work tirelessly to defend your rights and strive for the best outcome in your case. Let us fight for you and protect your interests at every step. Schedule your free and confidential consultation by calling (407) 344-4837 or completing our contact form today.


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