What Happens If Florida Police Do Not Read Your Miranda Rights?
Most people are aware of the general concept of Miranda Rights, primarily due to their prominence in movies and TV series. Put simply, even if you are guilty of a crime, you still have rights that the arresting and questioning officers must respect. These include your right to remain silent and to consult an attorney.
If you keep these in mind and behave appropriately during the arrest, then you may put yourself in a more favorable position if your case goes to trial. Furthermore, if police fail to inform you of your rights, then you may be able to use this to your advantage.
Regardless of the circumstances of your arrest, it is important to consult a criminal lawyer as soon as possible. At The Law Offices of Michael M. Raheb, P.A., we handle a wide range of criminal cases, and we can evaluate all aspects of your charges and aggressively defend your rights.
If police arrested you on criminal charges such as DUI, homicide or sexual assault, call Naples criminal lawyer Michael M. Raheb at 866-949-0888 to schedule an appointment. In the meantime, read on to learn your rights during the arrest process:
What Are Miranda Rights?
According to the U.S. Constitution, people who are taken into police custody have several rights that the arresting officer must respect. According to the Fifth Amendment:
- Arrested suspects have the right to remain silent during the arrest process. This right only applies once a police officer arrests the suspect, and the prosecution may use what you say before this as evidence. Some courts may use a pre-Miranda silence as an indication of guilt, and making a statement requesting the presence of your attorney may help avoid this suspicion.
- If you choose not to assert your right to remain silent, then the state may use what you say against you if your case goes to court.
- After a police officer arrests you, you can have an attorney present. This right extends to all future questioning and interrogation.
- If you cannot afford legal counsel, then the state can appoint one for you.
What Happens If Police Fail to Read Your Miranda Rights?
According to Dickerson v. United States, if a police officer questions you before reading your Miranda Rights, then the state cannot use what you say against you when your case goes to court. There are several exceptions to this law, but if you believe that police have violated your Miranda Rights, it is important to inform your attorney.
If you are facing criminal charges in Florida, Naples criminal attorney Michael M. Raheb can help. Mr. Raheb can evaluate your charges, the behavior of the arresting officers, and the prosecution’s case against you to structure a defense.
The Florida legal system can be unpredictable, and over time, evidence that could support your defense may become unavailable. This is why it is so important to contact an attorney as soon as possible.
To start planning your defense, call the Law Offices of Michael M. Raheb, P.A. at 866-949-0888.