If you’ve watched any crime show on TV, you’ve surely heard a police officer give their detainee a warning like this: “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 speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you.” These are known as your Miranda rights. Law enforcement officials must give you this warning when you’re detained or interrogated, reminding you of your rights under the Fifth and Sixth Amendments of the US Constitution. While you may have heard these statements, what do they mean, and how do they affect you if you’re arrested? Here’s what you need to know about your Miranda rights:
What Are Your Miranda Rights?
The statements commonly referred to as “Miranda rights” result from a Supreme Court ruling in 1966, Miranda v. Arizona. This landmark case overturned Ernesto Arturo Miranda’s prior conviction of rape and kidnapping based on confession statements Miranda made while in custody without being informed of his constitutional rights under the Fifth and Sixth Amendments of the US Constitution. The Fifth Amendment of the Constitution gives US citizens the right to abstain from making self-incriminating statements, while the Sixth Amendment gives citizens the right to legal counsel.
What Actions Do Your Miranda Rights Allow?
Law enforcement officials must remind you of your constitutional rights if you are arrested or interrogated by police. Miranda rights give you the option to do the following when you’re under arrest:
- Speak with an attorney before making any statements to law enforcement officials.
- Refuse to answer questions from police that may have incriminating responses.
- Remain silent during police officer interrogations.
When Must You Be Given a Miranda Warning?
Law enforcement officials must give you a Miranda warning whenever you’re in custody or otherwise deprived of freedom. Examples of being deprived of freedom include being handcuffed, told you cannot leave the area, or placed inside a police car. You also must be reminded of your Miranda rights when questioned by law enforcement in a way that could lead to an incriminating statement. This type of questioning usually happens during interrogations. Your right to remain silent in police questioning doesn’t apply to identifying questions like your name and city of residence.
Legal Requirements for Miranda Rights in Florida
In addition to being given your Miranda warning, Florida law requires police officials to make specific statements indicating whether you knowingly and voluntarily waived your rights. Florida officials must also ask:
- Do you understand each of these rights that I have explained to you?
- Having these rights in mind, do you wish to speak to the police without a lawyer?
If you say “no” to either question, law enforcement must repeat and explain your rights to you and stop asking you questions until you’ve spoken to a lawyer.
What Happens if You’re Not Read Your Miranda Rights?
If law enforcement fails to remind you of your Miranda rights while being detained or interrogated, any statements or information the police obtain cannot be used against you in court. Even if you confess to a substantial crime like murder, your statements would be inadmissible in court if law enforcement didn’t read your Miranda rights first. Your criminal defense attorney can help build your defense and see whether you were properly informed of your constitutional rights before making statements to police officers.
Arrested? Call Alison M. Lopes — Criminal Defense Attorney in Osceola & Orange Counties
Even when given your Miranda warning, it’s best to abstain from making statements to police officers without consulting a criminal defense attorney, such as Alison M. Lopes. Your lawyer can help ensure you are provided with all the information and rights you’re entitled to when you’re detained. Contact us online or schedule a consultation by calling 407-442-2724 to discuss your options if you’ve been arrested.