Do You Have Rights When Arrested in Florida?

When you have been charged with a crime, you may think that you do not have any rights at all, even if you know you did nothing wrong. Fortunately, that is not true. The law in Florida, and throughout the country, is designed to ensure that individuals accused of a crime are protected and that they have certain rights. These rights are often known as Miranda rights and they are not automatic. In fact, they only come into effect under certain situations. Below, one of our Fort Lauderdale criminal defense lawyers explains in further detail.

When Do Miranda Rights Take Effect? 

Law enforcement officers are only required to read individuals their Miranda rights in certain situations. For example, a police officer may pull a motorist over for a suspected DUI. Even though the officer will start to ask questions right away, they are still not required to read the driver their Miranda rights. On the other hand, if the officer believed the motorist was impaired and wanted to take them to the police station, they would have to arrest the driver.

After the driver has been arrested and detained, the police officer may then start to ask questions. Before these questions are asked, law enforcement must read the accused their Miranda rights. These rights must be read when a person has been arrested and is in custody about to be interrogated. Being in custody means the individual is not free to leave. If all of these factors apply and an individual is not read their rights, any evidence obtained as a result of questioning, can be thrown out.

What are the Miranda Rights? 

There are two main rights that are part of the Miranda warning. The first is the right to remain silent. Many people think that cooperating with law enforcement will help their case and that remaining silent will make them look guilty. This is not true. Police officers often twist the words of accused individuals and take them out of context to make individuals seem guilty even when they are not. If you have been arrested, it is critical that you do not say anything about the case, even if you have not been read your rights.

The second right you have under the Miranda warning is the right to legal representation. You can contact an attorney who can be present during questioning. A lawyer can inform you whether to answer or avoid certain questions so you do not incriminate yourself or say anything that could hurt your case. Additionally, if you cannot afford legal representation, you also have the right to have the court appoint one for you.

Our Criminal Defense Lawyers in Fort Lauderdale Can Protect Your Rights 

Being arrested is a scary experience, but it is important to remember that you still have rights. At Haber Blank, LLP, our Fort Lauderdale criminal defense lawyers will ensure they are upheld so you have the best chance of beating the charges against you. Call us now or contact us online to schedule a consultation and to get the legal help you need.

Source:

law.cornell.edu/wex/miranda_warning