Fort Lauderdale Miranda Warning Lawyer
During an arrest made by the police, the officer must repeat the Miranda warnings, also called the miranda rights. By not reading the Miranda rights and notifying the suspect of their right to remain silent and their right to an attorney, the police may essentially be throwing out anything that that suspect says next, rendering even admittance of guilt useless in a court of law. The Miranda warnings, the first sentence of which most people have heard hundreds of times in the media, are:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The police must read you these rights when they make an arrest, otherwise anything that you say (self incriminating or not), will not be able to be used in court. Statements, evidence, or confessions that are made or gathered without the suspect being read the Miranda warnings can be thrown out. The Miranda rights stem from a 1963 case in which Ernesto Miranda was arrested for kidnapping and raping a woman, as reported in American Heritage. Miranda was interrogated by the police and confessed within two hours, though he had never been read his rights to an attorney or to remain silent. In doing so, the police officers essentially threw out his confession, as well as Miranda’s written statement stating, “I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.” While he was originally convicted of rape and kidnapping and sentenced to 20-30 years in prison, his attorney appealed the court’s ruling to the Arizona Supreme Court. In 1965, the Supreme Court confirmed the court’s originally ruling, though it left a lasting imprint on our legal system, and hence the official Miranda warning was born.
Putting a Stop to an Interrogation
According to one source, if the suspect gives any indication during questioning that they wish to remain silent or that she or he want to speak with an attorney, the interrogation must end immediately. No amount of police bullying can legally force a suspect to speak once they have called for their Fifth Amendment right of silence or for an attorney.
If the police have violated your rights in any way regarding the Miranda warnings, you need to contact an experienced Florida Miranda warnings defense attorney at once. What you said post-arrest may not be legally useable against you in court. Furthermore, if you have already been convicted of a crime, you may be able to appeal the court’s decision if your Miranda warnings were not read to you and the court made a decision based on what you said at that time. Call Fort Lauderdale miranda warning lawyer Deric Zacca today at 954-450-4848. We can help protect your rights during your case.