MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

Brevard County Florida

Miranda Rights - What Are They and Why Are They Important

Miranda rRights being delivered

November 6, 2023

Whenever the police ask questions about a crime, use your Miranda rights to remain silent and contact a criminal defense attorney as soon as possible.

Never answer police questions without a lawyer or try to talk your way out of an arrest in Florida or any state, for that matter.

It doesn’t matter if one is innocent, guilty, or somewhere in between. The police can often find a reason to arrest when someone keeps talking.

Get help now if arrested in Brevard County, Florida.

Contact Mario Gunde Peters & Kelley if you have already been arrested or suspect you will be questioned about a crime. Our criminal defense team in Brevard County, Florida, provides free case consultations to potential clients when an officer violates their rights.

FAQs About Using Miranda Rights 

What are Miranda rights?

The Miranda rights are a set of rights that police officers in the United States are required to inform criminal suspects of before they can question them. The rights are named after Ernesto Miranda, who was convicted of kidnapping and rape in 1966. Miranda’s conviction was overturned by the Supreme Court on the grounds that he had not been informed of his rights before he was questioned.

The Miranda rights are:

  1. You have the right to remain silent.
  2. Anything you say can and will be held against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed to you.

     

Miranda warnings: when do they occur?

Miranda warnings must be given before a custodial interrogation. A custodial interrogation is when a suspect is in custody and is being questioned by the police in a way that is likely to elicit an incriminating response.

Custody means that the suspect is not free to leave. The police may have arrested the suspect or placed the suspect in a situation where they would reasonably believe that they are not free to leave.

Interrogation means that the police are asking questions that are designed to elicit an incriminating response. This includes questions about the crime the suspect is suspected of committing and about the suspect’s alibi or other defenses.

If a suspect is in custody and being interrogated, the police must read the Miranda warnings to them before they begin questioning them. If the police do not read the Miranda warnings to the suspect, then any statements that the suspect makes during questioning may not be admissible in court.

There are a few exceptions to the Miranda rule. For example, the police do not have to read the Miranda warnings to a suspect if the suspect is not in custody or if the police are not interrogating the suspect. Additionally, the police do not have to read the Miranda warnings to a suspect if the suspect is in custody, but the police are only asking general questions about the suspect’s identity or background.

If a police officer fails to read my Miranda rights during an arrest, what happens?

If a police officer fails to read your Miranda rights during an arrest, any statements that you make during a custodial interrogation may not be admissible in court. This is known as the exclusionary rule. The exclusionary rule is a legal doctrine that prevents the government from using evidence that was obtained illegally against a defendant in a criminal trial.

The exclusionary rule is based on the idea that the government should not be rewarded for violating a defendant’s constitutional rights. In the case of Miranda rights, the Supreme Court has held that the exclusionary rule is necessary to deter police officers from interrogating suspects without informing them of their rights.

It is important to note that the exclusionary rule does not mean that you will be automatically acquitted of all charges if the police fail to read you your Miranda rights. The exclusionary rule only applies to statements that you make during custodial interrogation. If the police have other evidence against you, such as physical evidence or eyewitness testimony, they may still be able to prosecute you and convict you.

However, the exclusionary rule can still be a powerful tool for defending yourself against criminal charges. If the police fail to read you your Miranda rights and you make incriminating statements during custodial interrogation, those statements may be suppressed and not used against you in court. This can make it much more difficult for the prosecution to prove its case against you.

Any evidence obtained after the suspect should have been Mirandized is inadmissible and cannot be used against them. Do not rely on the police or prosecutor to disregard this evidence on their own. Hiring an assertive criminal defense lawyer in Florida who is familiar with Brevard County and can fight for your rights is essential.

How soon do I have to answer police questions?

If the police question you, you should politely decline to answer any questions until you have spoken to an attorney. You should explain that you are exercising your right to remain silent.

If you are in custody, you should not answer any questions until you have spoken to an attorney. The police may try to pressure you to talk, but you should resist. Anything you say can be used against you in court.

If you are not in custody, you may answer police questions if you choose. However, you should know that anything you say can be used against you in court, even if you are not in custody.

If unsure whether you should answer police questions, you should always consult with an attorney. An attorney can help you to understand your rights and protect your legal interests.

Remember, you have the right to remain silent. You do not have to answer any questions from the police, regardless of how soon you are asked.

What is the best way to exercise my right to remain silent?

The best way to exercise your right to remain silent is to be clear and direct with the police. You can say something like, 

“I am exercising my right to remain silent and would like to speak to an attorney.” You can also say, “I am not answering any questions until I have spoken to an attorney.”

Being polite but firm when exercising your right to remain silent is important. You should not argue with the police or try to explain yourself. You should simply state that you are exercising your right to remain silent and that you would like to speak to an attorney.

If you are in custody, you should not answer any questions until you have spoken to an attorney. The police may try to pressure you to talk, but you should resist. Anything you say can be used against you in court.

While you always have the right to remain silent – including before being Mirandized – in some situations, you must verbally invoke it. Otherwise,  your silence could be used against you as “evidence” of guilt if you are not in custody. 

Despite Miranda rights protecting your silence, it is good to declare that you will not answer questions and must speak with a lawyer immediately.

Criminal Defense Lawyers Dedicated to Your Defense

Were your rights violated during a Brevard County arrest? Have you been charged with a crime in Brevard County? Does the police department want to question you?

With over 27 years of Brevard County courtroom experience, the Mario Gunde Peters & Kelley criminal defense team can provide accurate information about your case.

An attorney from our team can answer your case-related questions, explain how the law applies to you, and discuss possible defense strategies at no charge.

Contact us as soon as possible. The less you say to the police, the more options we have to defend you. We are ready to stand by your side all the way.

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