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In Florida... Does The Arresting Officer Have To Legally Read You Your Miranda Rights???? In My Case, They Didn't

Longwood, FL |
Attorney answers 5

Posted

No, law enforcement is not obligated to read anyone Miranda warnings just because you were arrested. This is a common misconception caused by t.v. shows. Miranda warnings advise you of your right to remain silent, they are not triggered by an arrest. There may be other real legal issues with your detention and arrest, however. If you'd like to discuss those issues, you're welcome to call me at my main office to schedule a consultation.

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

Posted

The only time law enforcement is required to advise you of your Miranda rights is when you are subjected to a custodial interrogation.
www.colleenglenn.com

Posted

You are only entitled to be read Miranda if you are both in custody and being interrogated / questioned by law enforcement (which does not include biographic or identifying questions like your name, date of birth, etcetera).

If you are arrested but not questioned about the crime then a lack of Miranda is irrelevant to your case. The rationale is that where your "Miranda rights" are violated the remedy (the sanction) is to suppress the illegally obtained statement (which does not necessarily either invalidate the rest of the case or guarantee you a dismissal - if the State can prove the case without your statement then you can still be convicted); if there is no statement to suppress then there is nothing to remedy.

Don't feel bad as it is a common misconception. Most folks do not understand Miranda other than what they've seen on TV.

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Posted

Only if they intend on using your words against you in court. Further, you have to be "in custody" when the statements are given. Unless you made an admission, or made incriminating statements, Miranda may not help you much. What are your charges? Have you been to arraignment yet? Talk to a lawyer about the evidence in your case.

You can get a free consultation by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

Posted

No this continues to be an "urban myth" perpetuated by the movies and TV!

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