What Happens if a Police Officer Forgets to Read You Your Rights in Fort Myers?
If you have never been arrested before in Florida, you may be completely unaware of a concept called “Miranda Rights.” That being said, most people are vaguely aware that police officers must “read you your rights” before placing you under arrest. You might have seen this in TV shows and movies, with one of the most recognizable phrases being “you have the right to remain silent.” What happens if a police officer forgets to read you these rights during an arrest in Fort Myers?
Why Are Miranda Warnings Necessary?
When a police officer reads you your rights, this is called a “Miranda Warning.” They call this a “warning” because it makes you aware of your rights. Some Americans are unaware of their constitutional rights, and this requirement ensures that everyone avoids making self-incriminating statements. Aside from your right to remain silent, this warning also makes you aware of your right to an attorney.
Miranda Rights get their name from a 1966 case called Miranda v. Arizona. This case went to the Supreme Court, which determined that the defendant’s Fifth and Sixth Amendment Rights had been violated. The Fifth Amendment states that your decision to remain silent cannot be construed as a sign of guilt. The Sixth Amendment includes many rights, including your right to face your accuser, your right to an attorney, and your right to a jury trial.
When Does a Police Officer Need to Read Me My Rights?
In Florida, police only need to give you a Miranda Warning before conducting a “custodial investigation.” Note that this is not the same thing as an arrest. Even though an officer might not officially place you under arrest, they may nonetheless detain you and prevent you from leaving. For example, an officer might place you in handcuffs and interrogate you on the side of the street. In past cases, this has been interpreted as a “custodial investigation.”
Why the Failing to Give a Miranda Warning Matters
If a police officer fails to give you a Miranda Warning before a custodial investigation, everything that happens beyond that point may become irrelevant. This includes your statements – and perhaps even evidence recovered from your body, vehicle, or home. For example, you might make self-incriminating statements after being placed in handcuffs. If the officer does not give you a Miranda Warning prior to your interrogation, any statements you make could be inadmissible in court. Theoretically, this could even include confessions.
Find an Experienced Defense Attorney in Fort Myers
If you have been arrested in Fort Myers and you believe your rights were violated, get in touch with the Fort Myers criminal defense lawyers at The Foley & Wilson Law Firm at your earliest convenience. Miranda Rights are vital in criminal cases, and you may be able to avoid or mitigate various penalties if an officer forgot to utter these words. To learn more, why not book a consultation with us today? Reach out to learn more about your rights, legal options, and potential defense strategies.
Sources:
law.cornell.edu/wex/miranda_warning#:~:text=The%20Court%20specifically%20held%20that,attorney%2C%20either%20retained%20or%20appointed.
mirandawarning.org/whatareyourmirandarights.html
