In 1966, a Supreme Court case known as Miranda v. Arizona would become the cornerstone of an arrestee’s constitutional rights.
This case delved into whether a defendant is fully aware of their privileges upon arrest. And furthermore, whether any information obtained without those rights being explained was admissible in court.
Because of this case, we now have what is universally known as “Miranda Rights.”
At Flynn Law of Bradenton, we’re a team of Manatee County criminal defense attorneys that believes in protecting the rights of any individual facing conviction. A large part of that is understanding what should and should not occur upon their initial arrest.
This means learning about how authorities use Miranda Rights throughout Florida.What are the Miranda Rights?
The Miranda Rights are an explanation of what a defendant is entitled to before a criminal interrogation occurs. They go, as follows:
“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?”
While many believe that a person should be read his or her rights during an actual arrest, the law states that they must only hear them before authorities question the individual.
There are, however, a few exceptions to this rule:1. Traffic Violations
If an individual is facing a traffic citation in Manatee County, the approaching officer is not required to read the Miranda Rights before asking to see identification and questioning them about their driving.2. Loitering
If a man or woman is seen wandering around a location or acting suspiciously, authorities have the right to question them and ask for identification to protect public safety. If they refuse to cooperate, they can be charged with loitering and arrested.3. Terrorism
When there is a national security risk, police officers will be tasked with questioning individuals to help protect public safety. In this type of scenario, there is no Miranda Rights requirement.What Happens if My Miranda Rights aren’t Read in Florida?
Outside of specific instances when it is not required to do so, a police officer must always ensure men and women hear their rights and understand them.
If this does not occur, your defense attorney can file a Motion to Suppress. This legal filing will place the burden of proof onto the prosecutor and will require them to try and prove that you knowingly waived your rights.Hiring a Criminal Defense Attorney in Manatee County
If you’ve been arrested and aren’t sure how to proceed, or were not read your rights, remember this statement:
“I would like to exercise my right to remain silent until an attorney is present.”
This simple phrase will protect you against further interrogation. From there, you should hire the experienced Manatee County criminal defense lawyers at Flynn Law.
We make it our business to defend your rights and plead the best possible case on your behalf. Don’t let pressure keep you from trying to protect yourself.
Give us a call at 941-800-1140 today, and we’ll set up a free consultation.