Written by attorney John P Rutkowski

When do the police have to read me my rights in Florida

Law enforcement has to advise an individual of their rights when they're in custody, and the statements they take are intended to be used in court. If an individual is not in custody and law enforcement's not gonna use those statements against them in court, then there's no need for Miranda warnings, or your rights being read to you. One trick that law enforcement likes to play is to invite an individual to the police station or the Sheriff's office and advise them they're not under arrest, they're free to leave, then ask them a series of questions and allow them to leave, only to find a few days later, the police knocking at the door, making an arrest. The statements made at that interview are admissible because you were not in custody at that time.

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Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits. After law school Mr. Rutkowski became an Assist State Attorney where he prosecuted misdemeanor and felony crimes before dedicating his law practice solely to criminal defense. Along with his work in law enforcement and as an attorney, Mr. Rutkowski spent fifteen years in the army reserve staring as an enlistee, eventually attending and completing officer candidate school and being commissioned as an infantry officer.

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