By Falk & Ross, PA
If you are arrested by the police, you are entitled to certain rights and liberties, no matter what you are being charged with or accused of doing. The code that outlines criminal rights in Florida stipulates that certain and specific procedures must be followed by law enforcement agents when you are arrested or taken into custody. Among those, the Miranda rights feature prominently.
Criminal Rights in Florida and the Miranda Warning
Miranda rights offer those who have been arrested certain inalienable rights as codified by the Fifth Amendment of the United States Constitution and reinforced by state law. In general, these rights dictate that a prescribed warning (which is also referred to as "the Miranda warning") be read to anyone arrested for or charged with a crime before suspects are interrogated.
The Miranda warning comprises 5 parts:
• You have the right to remain silent. As stipulated by the Constitution, you have no legal obligation to say anything that could incriminate yourself. Even in court, "pleading the Fifth" allows witnesses or suspects to refuse to answer questions on the stand that could cast guilt on them.
• Anything you say or do can and will be held against you in a court of law. Letting suspects know that their utterances or actions can be used against them is a vital part of the criminal system. It may seem simple and basic, but many cases have been thrown out because arrested suspects did not understand this premise, and it was not explained to them.
• You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. The right to legal counsel is considered a derivative entitlement of the right to a fair trial, which is enumerated in the Sixth Amendment of the U.S. Constitution.
• Do you understand these rights as they have been read to you? If a suspect does not understand his rights, the arresting officer is required by law to read them again.
• Having these rights in mind, do you wish to talk to us now? Not all states include this part of the warning, but Florida and a handful of others do as an additional safeguard against the potential for abuse by overzealous law enforcement agents.
Ramifications of Miranda Rights Violations
If the arresting officer failed to read you your rights, it is important to keep in mind that this does not mean that you are being illegally detained; however, it may result in the dismissal of any testimonial evidence obtained against you during your interrogation.
If you have been denied a Miranda warning, you have been denied basic criminal rights, and a Florida attorney may be able to have your statements thrown out. This does not necessarily mean that your case will be thrown out, but if your interrogative testimony was crucial to the prosecution's case, it may be a crippling blow.
Miranda rights offer those who have been arrested certain inalienable rights as codified by the Fifth Amendment of the United States Constitution and reinforced by state law. In general, these rights dictate that a prescribed warning (which is also referred to as "the Miranda warning") be read to anyone arrested for or charged with a crime before suspects are interrogated.
The Miranda warning comprises 5 parts:
• You have the right to remain silent. As stipulated by the Constitution, you have no legal obligation to say anything that could incriminate yourself. Even in court, "pleading the Fifth" allows witnesses or suspects to refuse to answer questions on the stand that could cast guilt on them.
• Anything you say or do can and will be held against you in a court of law. Letting suspects know that their utterances or actions can be used against them is a vital part of the criminal system. It may seem simple and basic, but many cases have been thrown out because arrested suspects did not understand this premise, and it was not explained to them.
• You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. The right to legal counsel is considered a derivative entitlement of the right to a fair trial, which is enumerated in the Sixth Amendment of the U.S. Constitution.
• Do you understand these rights as they have been read to you? If a suspect does not understand his rights, the arresting officer is required by law to read them again.
• Having these rights in mind, do you wish to talk to us now? Not all states include this part of the warning, but Florida and a handful of others do as an additional safeguard against the potential for abuse by overzealous law enforcement agents.
Ramifications of Miranda Rights Violations
If the arresting officer failed to read you your rights, it is important to keep in mind that this does not mean that you are being illegally detained; however, it may result in the dismissal of any testimonial evidence obtained against you during your interrogation.
If you have been denied a Miranda warning, you have been denied basic criminal rights, and a Florida attorney may be able to have your statements thrown out. This does not necessarily mean that your case will be thrown out, but if your interrogative testimony was crucial to the prosecution's case, it may be a crippling blow.
For more information on these matters, please call our office at 305 548 5020.
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