What You Should Do If Police Detain You
I hope none of you ever need the advice I’m about to give you, but after over 33 years defending criminal cases, I can tell you there are certain moments where people make decisions that completely change the direction of their case.
One of those moments happens when police tell you that you are being detained.
And let’s be clear about what that actually means. If an officer says you are not free to leave, tells you to sit on a curb, or instructs you to stay put while they investigate something, you are being detained. You may not be under arrest yet, but legally, you cannot simply walk away.
That is when you need to remember three very important things.
First: Remain Silent
I know I repeat this advice constantly.
People tell me all the time, “John, you say that in every video.”
Yes. Because it matters.
The moment people get nervous, they start talking. They try to explain themselves. They think if they cooperate enough or provide enough information, the misunderstanding will disappear. Unfortunately, that is often where the trouble begins.
Many criminal cases become harder to defend because someone kept talking when they should have stayed quiet. If police are detaining you, stay calm, be polite, and exercise your right to remain silent.
Second: Ask for an Attorney
The next step is just as important.
Clearly tell officers that you want a lawyer.
You do not need a long speech. You do not need legal terminology. A simple statement like, “I want an attorney,” is enough. That sentence changes the entire tone of the encounter. It tells officers that you understand your rights and do not want to answer questions without legal representation present. Far too many people wait until things spiral out of control before asking for a lawyer. By then, the damage may already be done.
Third: Do Not Consent to a Search
This is the part people forget all the time.
Once officers detain someone, the next request is often about a search. Maybe they want to search your vehicle. Maybe your bag, your apartment, or something else nearby. Be respectful, but be clear.
“I do not consent to a search.”
That does not stop officers from trying to get a warrant. Judges review those requests every day. Sometimes a judge agrees there is enough evidence to justify a search, and sometimes they do not. That legal process exists for a reason.
Why Consent Matters
A lot of people believe consenting to a search will make things easier for them. In reality, it can remove important protections your attorney may have been able to use later. There is a major difference between officers obtaining evidence through a lawful warrant and someone voluntarily giving permission under pressure.
You should never feel obligated to give up those rights simply because an encounter feels uncomfortable.
Final Thought
If you remember nothing else from this article, remember these three things:
Remain silent.
Ask for an attorney.
Do not consent to a search.
Those three decisions alone can completely change how a criminal investigation unfolds. And in many situations, they may be the difference between protecting yourself and making a difficult situation much worse.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.