Guide to Miranda Rights
What are my Miranda Rights?
You have the right to remain silent, anything you say can and will be used against you in the court of law, you have the right to an attorney, if you can’t afford one, an attorney (an assistant public defender) will be appointed to you. As a side note, most members of the public think that public defenders are not real lawyers. Many of them are great lawyers, but they have a lot of cases. I’m a former Palm Beach assistant public defender.
Does an Officer have to read me my Miranda Rights?
No. The police don’t have to read you your Miranda rights. The only time the police should is if you are in custody (not free to leave) and they’re interrogating you (asking you questions designed to illicit an incriminating response). If they don’t, and those circumstances are present, then any statements you make should be thrown out of court. That’s the remedy – suppression of your statements.
Does my case go away if the Officer doesn't read me my Miranda Rights?
Probably not unless your statements are all the evidence the police have against you. Generally, your statements will be suppressed (won’t be allowed at trial), but the state will continue to prosecute you without your statements.
Do I have to Answer Questions from Police Officers?
No. Always ask for a lawyer before talking with police. Never volunteer any information even if you are innocent. There are many innocent people in prison. Some of them have been released after serving years in prison because DNA evidence exonerated them.
The Officer told me I would get a better deal if I talked...Is This True?
No, not necessarily. The officer is not the one who charges people with crimes. It is the State Attorney’s office or the United States Attorney’s Office. The officer doesn’t sentence defendants either, that’s the province of the trial judge. Police lie to defendants all the time to get confessions and guess what?…it’s legal for cops to lie.
If you require assistance with any Miranda rights questions in Florida, call me.
Contact Grey Tesh
Florida Miranda Rights Lawyer
Palm Beach Miranda Rights Attorney
- As a board certified criminal lawyer, I represents clients charged with serious federal and state criminal offenses, like felonies and DUI, before federal criminal courts and state criminal courts in West Palm Beach, Miami, Fort Lauderdale, Palm Beach, Jupiter, Boca Raton, Wellington, Palm Beach Gardens, Stuart, Martin County, Fort Pierce, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, Key Largo, Key West, and all state criminal courts in Florida and all federal criminal courts throughout the United States of America.
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