Understanding Your Miranda Rights After an Arrest

Learn how Miranda Rights protect you during an arrest and how violations can affect your case. Call top-rated attorney Daniel Fernandez for legal help.

If you have been charged with a felony or misdemeanor, you have a Fifth Amendment right to remain silent, and a Sixth Amendment right to counsel, and the police are required to advise you of those rights if you are taken into custody. The police cannot interrogate you without advising you of your rights, and the police cannot continue asking you questions after you have invoked your Miranda rights. Law enforcement cannot force suspects to make incriminating statements.

Incriminating Statements

Incriminating statements are involuntary within the meaning of the Fourteenth Amendment where there is police misconduct. For example, law enforcement may not illegally arrest a suspect and then use his incriminating statement to justify the illegal arrest.

Right to Remain Silent

Once you have been taken into custody and are not free to leave, you have the right to remain silent. Anything you say can and will be used against you in a court of law.

Right to an Attorney

Once you have been taken into custody, you have the right to an attorney. If you cannot afford one, one will be appointed to you.

Miranda Rights

After these rights are read, a person in custody will often be asked whether they wish to waive these rights and speak to the police. A waiver must be made knowingly, voluntarily, and intelligently. If a suspect waives his Miranda rights and agrees to speak with the police without an attorney, anything they say can and will be used against them in a court of law.

It is crucial to understand that while these rights must be read before a custodial interrogation, they do not need to be read at the time of arrest. However, if the police question a suspect in custody without reading them their Miranda rights, statements made during that interrogation may be inadmissible in court.

Miranda Violations

The police must honor a request to cut off questioning and cannot make a deliberate effort to wear down a person into making incriminating statements. Where there is a request cut off questioning or a request for an attorney, the police must cease all questioning. If the police do not honor a request to stop questioning or for a lawyer, any incriminating statements made after the request will be inadmissable in court. The police cannot simply ignored a request to end the questioning. The police cannot threaten, intimidate, coerce, trick, or deceive a person into making incriminating statements. Both the United States and Florida Constitutions provide that persons shall not be “compelled” to be witnesses against themselves in any criminal matter. U.S. Const. amend. V; Art. I, § 9, Fla. Const.

If you have been charged with a felony or misdemeanor, and the police did not advise you of your Miranda rights, or if the police did advise you of your Miranda rights but did not honor your request to remain silent or for an attorney, you may be entitled to have any incriminating statements thrown out.

Legal Counsel

Contact a lawyer to discuss the possibility of having your incriminating statements suppressed. Hiring an attorney with knowledge and experience is essential to a successful outcome after an arrest. Engaging an attorney who is knowledgeable can be invaluable. They can guide you through processes.

Why Daniel J. Fernandez, P.A. is the Best Choice

If you or a loved-one have been charged with a felony or misdemeanor in the Tampa Bay area and believe that your Miranda rights have been violated, Daniel J. Fernandez, P.A., will provide a free consultation and discuss the situation with you. Daniel J. Fernandez is a top rated five star criminal defense attorney and bilingual as well. The experienced lawyers at Daniel J. Fernandez, P.A., will guide you through the process and make sure that you understand all of your rights and options.

If you or a loved one need legal assistance with a criminal matter call criminal defense Attorney Daniel J. Fernandez at (813) 229-5353. Se Habla Español!