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Know Your Rights (For Children and Adults) - Office of the Public Defender – Ninth Judicial Circuit (Orange & Osceola)

Provenance:
Partner Media
Source:
Public Defender — 9th Circuit (Orange/Osceola)
Type:
judiciary
Published:

Full Text

If you ever have to deal with the police, it’s important to stay calm and know your rights. These rules will help keep you safe and protect your freedom. Only talk about your case with your lawyer. Don’t talk about it with friends, family, or anyone else.Your basic rights when charged with a crime are the right to remain silent, the right to an attorney, the right to a fair trial, and the right to be protected against an illegal search or seizure.1. Keep Private Things Out of SightIf the police can see something illegal (like drugs or weapons) in plain view, they do not need a warrant to take it. Always keep private things out of sight.2. Be Polite and Stay CalmIf you’re stopped by a police officer, stay calm and say, “Hello, officer. Can you tell me why I’m being stopped?” Be polite and don’t argue. Don’t say you’re sorry or try to explain yourself—that could sound like you’re admitting to doing something wrong.If you’re in a car:Turn the car off.If it’s dark, turn on your inside light.Roll your window down.Keep your hands where the officer can see them (like on the steering wheel).Don’t reach for anything unless they tell you to.3. You Can Say No to a SearchIf a police officer asks to search you, your car, or your bag, you can say NO. Say:“I do not agree to any searches.”You don’t have to let them search unless they have a legal reason. If they search anyway, your lawyer may be able to get that evidence thrown out later.4. Ask If You’re Free to LeaveYou can ask: “Am I free to go?”If they say “yes,” you can walk or drive away calmly.If they say “no” or won’t answer, ask: “Am I being detained, or am I free to go?”If they say you’re being detained or arrested, stay calm and go to the next step.5. Stay Silent and Ask for a LawyerYou have the right to remain silent and you should use it. You do not have to answer any questions without a lawyer. Say: “I want to stay silent and I want a lawyer.” Even small talk can be used against you. Don’t say anything more until your lawyer is with you. If the officer keeps asking you questions, repeat the phrase “I want to stay silent and I want a lawyer”.6. Don’t Try to Make a Deal or BargainIf the police say “help us out and this will be easier,” don’t fall for it. Police are allowed to lie to get you to talk. Don’t try to explain or make a deal. Ask for your lawyer and stay quiet.7. Don’t Fight BackEven if the police are being unfair, do not fight or run. That can make things worse. You can say:“I am not resisting, and I do not agree to this.”Then stop talking until your lawyer is there.8. You Have the Right to a LawyerIf you can’t afford a lawyer, you can ask the court for a public defender. Go to the Clerk’s Office and fill out an application. It costs $50 to apply, but if you don’t have money, they might waive the fee and assign a lawyer to help you. More Information For comprehensive information on your rights in a variety of situations, we encourage you to visit the American Civil Liberties Union (ACLU) of Florida and Florida Immigrant Coalition (FLIC) website. Their resources offer in-depth guidance and support on a wide range of civil liberties topics.Please explore the links below to learn more: American Civil Liberties Union (ACLU) Read More Florida Immigrant Coalition (FLIC) Read More