I Already Gave a Statement to the Police. Is It Too Late to Hire a Lawyer?

April 18, 2025

Even If You Talked to Law Enforcement, It's Not Too Late to Fight Back With the Right Legal Defense

I hear it from people all the time—"I already talked to the police, so now I guess I'm stuck." Let me make something clear: it is never too late to hire a lawyer, even if you've already given a statement. In fact, the moment you realize you spoke without legal advice is exactly when you need to bring in an attorney who knows how to protect your rights and minimize the damage.

Florida law gives you constitutional protections before, during, and after a police interview. If your rights were violated—or if the statement you made can be challenged—there are ways to fight back. That's where I come in.

What Florida Law Says About Police Statements and Your Rights

Under both the U.S. Constitution and the Florida Constitution, you have the right to remain silent and the right to have an attorney present during questioning. This is laid out clearly in Florida law and reinforced in Florida Statutes § 901.24 and § 932.7055(5)(b), among others.

But the most critical legal protections come from the interpretation of Miranda v. Arizona, 384 U.S. 436 (1966), which applies in Florida as well. Police must inform you of your rights before a custodial interrogation.

Let's take a closer look at the statutory language.

Florida Statutes and Miranda Protections

While Miranda itself comes from federal case law, Florida courts follow these protections closely. There are a few Florida statutes that relate to police questioning and statements.

Florida Statutes § 901.24 – Right of Person Arrested to Consult an Attorney:

"Any person arrested has the right to consult counsel and to have counsel present during any questioning, and such person shall be informed of these rights."

Florida Statutes § 117.10 – Oaths Administered by Law Enforcement:

This statute includes language that may come into play when statements are taken under oath, particularly in fraud or financial crime cases.

These legal protections apply even if you weren't under arrest—because courts look at whether you were in a custodial setting or subject to coercion.

What If I Wasn't Read My Rights?

That's one of the first things I check when I take on a case. If the police questioned you while you were in custody and didn't read you your rights, your statement may be inadmissible in court.

Even if they did read you your rights, the next question is: Did you understand them? Were you impaired, confused, sleep-deprived, or intimidated? I've had statements thrown out because my client's waiver wasn't voluntary or informed.

It's important to understand that just because you said something doesn't mean it's the end of the road. It's often the beginning of your defense.

A Real Case I Won After a Statement Was Given

A few years ago, I represented a man in Sarasota who had been accused of a burglary. He was brought in for questioning and, like many people, thought he could talk his way out of it. He told the detectives he had been "near the area" but denied going into the property.

The officers kept pressing. After 45 minutes of questioning, he eventually said something like, "Maybe I opened the gate, I don't remember." They ran with that. He was charged with burglary of an occupied dwelling—a second-degree felony under Florida Statutes § 810.02(3).

When I got the case, the first thing I did was request the full video of the interview. I noticed the detectives never read him his Miranda rights, even though he had been in a locked room and wasn't free to leave. I filed a motion to suppress.

At the suppression hearing, we presented evidence that he was in custody and never properly advised of his rights. The judge agreed. The statement was thrown out. Without it, the State's case collapsed. Charges dismissed.

Why a Statement Can Be Challenged

There are several reasons a statement might not hold up in court:

You weren't read your rights while in custody.
You didn't clearly waive your rights.
You were threatened, tricked, or coerced.
You were under the influence or not mentally capable of making a voluntary statement.
The officers lied about evidence to get you to talk.
Your statement was misunderstood or taken out of context.

As a private defense lawyer, I review every second of that interaction—recordings, transcripts, reports—and build a defense based on what actually happened, not what the police say happened.

Why You Need a Private Attorney Right Now

The longer you wait, the harder it gets to control the outcome. When I step into a case early—even after a statement has been made—I can:

Request video or audio before it disappears or is lost.
File motions to suppress illegally obtained statements.
Negotiate with the prosecutor before charges are filed.
Bring in expert witnesses if your mental or physical condition is in question.
Help you avoid saying anything further that could be used against you.

Private counsel gives you immediate access to someone focused only on your case. I'm not juggling hundreds of other clients. I have the time to dig deep, act fast, and protect your rights from every angle.

Other Florida Statutes That May Impact Your Case

If you're already under investigation or facing charges, here are a few statutes that often come into play after a statement:

§ 777.011 – Principal in the First Degree: Used when someone admits to being present but not directly involved.
§ 777.03 – Accessory After the Fact: Sometimes charged when people make statements about helping someone else after a crime.
§ 843.02 – Resisting Officer Without Violence: This can be added if the police believe you were being deceptive or uncooperative.
§ 837.05 – False Reports to Law Enforcement Authorities: Used when someone gives a statement that police claim was untruthful.

Every word you say can create legal exposure. That's why you need a professional to review it before the State does.

What Happens After You Hire Me

The first thing I do is request a complete copy of the statement—whether it was recorded, written, or just summarized by an officer. Then I look at:

The setting: Were you in a room, in handcuffs, or told you weren't free to leave?
The questioning: Were you read your rights? Did you clearly waive them?
Your condition: Were you tired, confused, medicated, or afraid?
The content: Did your statement admit to a crime or was it misinterpreted?

From there, I look at whether we can exclude the statement entirely—or use it to our advantage by showing inconsistencies in the police report or the State's version of events.

Even when a statement is damaging, I've been able to turn cases around by showing it was legally flawed or factually weak.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – What If I Already Talked to the Police?

I admitted to something during questioning. Can a lawyer still help me?

Absolutely. An admission doesn't mean a conviction. If your rights were violated, if the statement was misinterpreted, or if the State lacks other evidence, a good lawyer can still fight the charges. I've had many cases dismissed—even after my client gave a damaging statement—because the police made mistakes during the interview process.

What if I wasn't under arrest—do my rights still apply?

Yes, if you were in a situation where you weren't free to leave or felt compelled to answer, that may count as a custodial interrogation. Miranda rights don't only apply after formal arrest. The context matters. I look at those details to see if your statement can be excluded.

Can police lie during questioning?

Yes, they're allowed to lie about evidence to get you to talk. They can falsely say your friend confessed or that they have fingerprints. That doesn't make what they did illegal, but it can affect whether your statement was voluntary. If the pressure crosses a line, I may be able to challenge it.

If I signed a written statement, is that worse?

Not necessarily. Signing a statement doesn't mean it was legally obtained. If you weren't properly advised of your rights or were misled, we may be able to suppress it. I'll look at how that document was created, whether you understood it, and what else was happening at the time.

Can I stop the police from using my statement in court?

In some cases, yes. If the statement was obtained illegally, your lawyer can file a motion to suppress. That means the court may prevent the prosecutor from using it against you. Even if suppression isn't possible, I may be able to minimize its impact or show that it doesn't support the charges.

What if I talked to police because I thought I had nothing to hide?

This is very common. Many people talk because they think it'll clear things up. Unfortunately, law enforcement is trained to use your words in ways you didn't expect. Even innocent details can get twisted. That's why you always need a lawyer—especially if you think you have nothing to hide.

Is it better to have a private attorney or wait for a public defender?

Public defenders can't usually help until formal charges are filed—and by then, it may be too late to control how your statement is used. A private attorney can intervene earlier, review everything before it's filed, and negotiate with prosecutors before the case gains momentum. That's how I've helped many clients avoid charges altogether.