No matter what you have been accused of doing, you have inalienable rights under the Constitution that are in full effect during the process of your arrest, which are your Miranda rights. If you are charged with any crime, your Miranda rights in Florida can and should be protected by a lawyer who has handled criminal defense in Miami cases like yours.
What You Need to Know About Your Miranda Rights in Florida
Your Miranda rights are supported by the Fifth Amendment of the U.S. Constitution. These regulations entitle anyone questioned by the police to the right to counsel, the right to remain silent, and the right to be made aware of these rights. The right to counsel includes:
- The right to speak with an attorney before you determine whether or not you wish to speak with the police or answer any questions;
- The right to consult with your attorney before any interrogations; and
- The right to respond to police questioning solely through your attorney.
Additionally, the right to remain silent disallows law enforcement agents or entities from compelling suspects to incriminate themselves. No matter what you are asked, you are not legally obligated to answer any police questions, and it is a violation of your rights and law enforcement protocol if an officer continues to interrogate you after you have invoked your right to remain silent.
While a violation of your Miranda rights does not necessarily mean you are being held illegally by the police, any information the police obtain before your Miranda rights were given is usually considered inadmissible in court, and in the past, charges have been dropped or lessened as a result.
If your Miranda rights have been violated, contact an attorney who practices criminal defense inMiamiand can fight to ensure you are given a fair trial and the minimum sentencing.
When you’ve been charged with a crime in South Florida, it’s important to remember that no matter the accusations, the justice system still grants you certain rights, privileges and entitlements. Among those entitlements are your Miranda rights. In Florida, there are some additional provisions to the Miranda warning that you should know about to protect your rights further in the event of a police encounter. Always speak with an attorney who practices criminal defense in Miami and can represent you, should you be charged with a crime.
Waiver Questions and Your Miranda Rights in Florida
In addition to requiring the police to read you your rights (also known as a “Miranda warning”),Floridaand several other states require police officers to ask questions that indicate whether or not you have waived your rights. Unless it is demonstrated that you have voluntarily, knowingly and intelligently decided to waive your rights, the police may not use any of what you say against you.
To this end, police in Florida are required to ask the following:
- Do you understand each of these rights that I have explained to you?
- Having these rights in mind, do you wish to speak to the police without a lawyer?
If you answer “no” to the first question – that you do not understand the rights – then the law enforcement officer is required to repeat them to you. If you answer “no” to the second question and do not wish to speak to the police, then they no longer may ask you questions.
In general, it is preferable to wait to answer any police questions until you have spoken with a lawyer who can advise you of your rights in relation to your specific circumstance.
Contacting Criminal Defense Attorney in Miami
If you are facing criminal charges, the defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. If your Miranda rights in Floridahave been violated, you need hard-working, passionate criminal defense in Miami. Contact the team at Falk & Ross to discuss your case – 1-877-663-5110.