Founding Attorney
You should contact a criminal defense attorney as soon as possible after an arrest — before speaking to the police. In Florida, anything you say can be used against you from the moment of arrest. The earlier an attorney gets involved, the better protected your rights are during questioning, bail hearings, and arraignment. If you were arrested in Orlando, contacting an Orlando criminal defense attorney immediately is the most important step you can take.
Here is what happens in the hours and days after an arrest in Florida and why timing is everything.
What Happens in the First 24 Hours After an Arrest in Florida?
Florida law requires that an arrested person be brought before a judge for a first appearance within 24 hours. At this hearing, a judge reviews the charges, determines whether probable cause exists, and sets bail conditions.
Without an attorney present or on call during this window, you risk:
- Incriminating yourself during police questioning — officers may question you before charges are formally filed
- Missing the opportunity to challenge probable cause — an attorney can review whether the arrest itself was lawful
- Higher bail or stricter release conditions — a defense attorney can argue for lower bail at the first appearance hearing
Florida law gives you the right to remain silent and the right to an attorney under the Fifth and Sixth Amendments. Invoking those rights clearly and early before answering any questions is critical.
Can Waiting to Call a Lawyer Hurt Your Case?
Yes, and significantly. The most common mistake people make after an arrest is assuming they can talk their way out of the situation before involving an attorney. In practice, statements made during early police questioning are among the most damaging pieces of evidence prosecutors use at trial.
Delays can also affect your defense in other ways:
- Evidence preservation: Surveillance footage, witness memories, and physical evidence can disappear quickly. An attorney can take immediate steps to preserve what matters.
- Witness statements: Early contact allows your attorney to identify and speak with witnesses before their accounts are shaped by police questioning.
- Negotiation leverage: Prosecutors sometimes make early offers that are not available later. An attorney can evaluate these from day one.
According to the National Institute of Justice, defendants who have counsel at earlier stages of the criminal process consistently achieve better outcomes than those who wait.
What If You Cannot Reach an Attorney Right Away?
If you cannot immediately reach a private defense attorney, invoke your right to remain silent and your right to counsel out loud and clearly. Say: “I am invoking my right to remain silent and my right to an attorney.” Do not answer questions until an attorney is present.
Florida law requires that interrogation stop once you invoke your right to counsel. Police cannot legally continue questioning you after that point. Anything said after a valid invocation may be suppressed in court.
If you were arrested in Orlando or Orange County and are facing criminal charges, the sooner you have representation, the more options you have.
Arrested in Orlando? Call Us Today
At the Law Offices of Jose E. Lopez, P.A., we represent people arrested throughout Orlando and Central Florida. With nearly two decades of criminal defense experience, including years as a public defender, our team understands how cases are built and how to get ahead of them early.
We offer free consultations and serve Spanish-speaking clients. Do not wait to get answers. Contact us today to speak with an Orlando criminal defense attorney. Se Habla Español.