When you experience an encounter with the police in Florida, Miranda rights entitle you to being informed of your constitutional rights when you are taken into police custody. If your Miranda rights are violated in any way, a south Florida criminal defense lawyer can take action to rectify the legal damage that such a violation can wreak on your case.
In Florida, Miranda Rights Must be Upheld for Suspects
Miranda rights protect you under the Fifth Amendment of the United States Constitution, which protects your right against incriminating yourself. Generally, Miranda rights (also called “the Miranda warning”) refer to a warning that is required by constitutional law to be read by the police to any criminal suspect before they are asked any questions.
The United States Supreme Court case Miranda v. Arizona determined that any incriminating statements made by a suspect are not admissible unless the suspect was fully informed of his or her rights, and had voluntarily chosen to waive those rights by answering the questions being asked. Being read your rights is sometimes referred to as “being Mirandized.”
It is important to note that if you are not Mirandized, it does not mean that the police have illegally detained you. However, any information that you give them cannot be used against you in a court of law but it is best to not say anything until you have an attorney present.
If you are not given the Miranda warning and you are arrested and interrogated, the police have violated your constitutional rights and any knowledge they glean from their interrogation can and should be thrown out by the judge presiding over the court that tries you.
When undergoing an encounter with the police, people often try to explain everything away. This is because they are feeling a sense of fear and a wave of adrenaline – which is exactly what the police want you to do. Contact a south Floridacriminal defense lawyer instead. What few people know is that you are under no obligation to speak with the police.
In fact, in Florida, after Miranda rights have been read, police officers are required to ask, “if you understand each of these rights as they were explained to you,” and “having these rights in mind, do you wish to talk to us now?”
Floridais among a handful of states that added these questions to make sure that a suspect has the opportunity to unambiguously waive or invoke his or her Miranda rights.
If you answer “yes” to both of these questions, the police may interrogate you and use anything that you have to say against you in criminal proceedings. If you choose to go this route then be careful that nothing you say could be misconstrued and therefore count against you in court.
If you answer “no” to the first question – that you do not understand the rights – the officer is required to read them to you again. If you answer “no” to the second question, then the officers cannot question you further.
Furthermore, if you decide to waive your right to remain silent and to first speak to an attorney in order to speak with the police, you are always able to re-invoke those rights, terminating the interview at any time.
Finally, remember that the right to an attorney includes:
- speaking with an attorney before you speak with the police;
- consulting with an attorney before you speak with the police; and
- answering the police throughan attorney.
Whether you are guilty of the charges you have been accused of or not, an attorney can protect and uphold the rights that you are lawfully entitled to, ensuring you a fair trial and fair sentencing.
Contacting a South Florida Criminal Defense Attorney
If you are facing criminal charges in Florida, your Miranda rights are only part of what your legal team will defend on your behalf. 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. Contact the South Florida criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.