One of the most common questions I’m asked when meeting with people for the first time or speaking with them on the phone is whether their case will get dismissed because the arresting officer didn’t read them their rights. The rights we’re discussing are your Miranda rights. You’ve probably heard them on cop shows or true-crime dramas (which are very popular these days).
What Is Included In Your Miranda Rights?
Right to remain silent
Anything you say can be used against you
You have the right to have an attorney present
If you cannot afford an attorney, one will be provided
Knowing this, are you still willing to speak with police
The answer to this questions is ‘no’, your case will not be dismissed simply because the arresting officer didn’t read you your rights. I know, you’re probably thinking that’s unfair and not correct.
Let me explain, Miranda rights apply to “custodial interrogations,” and only come into play when police officers are asking you questions. So, if they’re simply placing you under arrest and taking you in, they don’t have to read you your rights.
Now, if they are asking you questions about the case (and you are considered to be in custody), Miranda rights do apply. If law enforcement officers violate your rights by asking you questions without informing you of your constitutional right to remain silent, we will challenge any statements or confession(s) made. We will ask the judge to throw out (suppress) any statements made by—and obtained by police—in violation of your rights. If the judge agrees with us, the prosecutor will not be allowed to use those statements at trial.
One way police and prosecutors try to get around this legal requirement is by using your words against you and saying they are sudden or spontaneous statements. Meaning you volunteered the information without being asked.
The best way to avoid this from happening to you and hurting your case, is to remain silent and NEVER discuss your case or the facts with law enforcement unless an attorney is present.
Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?
If you've recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.
