What Are Miranda Rights?
Miranda Rights are a set of legal warnings police must give to you when you are taken into custody and before questioning. They are designed to protect your Fifth Amendment right against self-incrimination. For more information please visit DUI Defense
The Miranda Warning Usually Includes:
- You have the right to remain silent.
- Anything you say can 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 appointed for you.
When Are Miranda Rights Read in Florida?
- During a custodial interrogation: When you are in police custody and the police want to question you.
- If police do not read your Miranda rights in this situation, any statements you make may be inadmissible in court.
What If You Don’t Speak or Exercise Your Rights?
- You can choose to remain silent and not answer any questions.
- You can request a lawyer before answering any questions.
- If you ask for a lawyer, the police must stop questioning until your attorney is present.
Important Points Specific to Florida:
- Florida law follows federal Miranda rules.
- Florida courts can exclude evidence if your Miranda rights were violated.
- Even if you waive your rights and speak to the police, you can still stop talking at any time and ask for a lawyer.
What Should You Do If Arrested in Florida?
- Stay calm and ask if you are free to leave.
- If you are arrested and read your rights, clearly state you want to remain silent and want a lawyer.
- Do not make any statements or answer questions until your lawyer is present.
