Were you or a loved one arrested in Florida?
If you have been arrested or have concerns for a family or friend, you may be interested in what your legal rights are. You may have heard of the term Miranda Rights and want to know more.
Miranda warnings are often misunderstood. Some believe that if your Miranda rights are not provided to you, your charges are not valid or that your arrest is not legal. This is not necessarily the case. It must be understood that after your arrest if you are questioned without having had your Miranda Rights read to you, your arrest may still be legal, while the second element, the element of questioning may not be legal. When you are under arrest, if law enforcement questions you without providing you with your rights, the questioning itself is questions but the arrest may not be.
My Miranda Rights Weren’t Read To Me
If you were arrested and questioned by a police officer and did not receive your Miranda Rights, you will want to relay this to your Florida Criminal Defense attorney immediately. Any statement that you may have made while under arrest without Miranda may be considered illegal and illustrate that your statement was not voluntary. The latter can indicate that any statements that you made without your Miranda may not be used against you.
In addition, any evidence yielded as a result of the statements that you made may also be inadmissible. The Miranda sets out your rights and when provided to you states that you have the right to remain silent,i.e. “anything you say can and will be used against you”. A Criminal Defense Attorney will advise that remaining silent is a right that you have under the Miranda Warning and thus, cannot be used against you in a court of law.
Remain Cooperative While Invoking Your Rights
Always remain calm and cordial when dealing with law enforcement in any situation or circumstance, this is for your own safety. With that said, this does not mean that you have to provide additional information or cues that may ultimately result in your conviction. It is not your job to prove your guilt. Get help from a qualified criminal defense attorney today.