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The police didn’t read me my Miranda Rights. What does that mean for my South Florida criminal case?

The police didn’t read me my Miranda Rights. What does that mean for my South Florida criminal case?

The police didn’t read me my Miranda Rights. What does that mean for my South Florida criminal case?

After an arrest in Fort Lauderdale or South Florida, a lot of clients will come in telling me that the police didn’t read them their Miranda Rights, and want to know whether or not that will help their criminal case. 

The thing with Miranda Rights is that they don’t kick in right away. A constitutional right violation is certainly a big deal – if it happened. But there’s a chance there wasn’t a need for police to read you your Miranda rights.

The cops are required by law in Florida to read you your Miranda Rights before conducting a “custodial investigation.” 

What does that mean? It means that you have to be in a situation where: 

1) You’re not free to leave,
2) You’re being asked questions by a government agent (a cop), and
3) The questions you’re being asked would get an incriminating response out of you. 

So if the cops arrest you without asking you any questions, for example, technically they don’t have to read you your Miranda Rights. And whether or not you shared incriminating information is then not related to your Miranda rights.

Police don’t have to read you your Miranda Rights before asking any questions in Florida

Here is the thing, whenever a police officer is asking you questions, it doesn’t mean that they need to read you your Miranda Rights first – as explained above, Miranda rights really only come into play during a “custodial investigation.” Even though an officer doesn’t have to read you your rights before asking any type of question, you do still ALWAYS have the right to NOT answer and to state that you’re exercising your right to remain silent.

Let’s say, for example, you’re pulled over while driving. At the time an officer pulls you over, it is usually because they had reasonable suspicion that you were violating a traffic law or some other minor infraction, or maybe even due to some sort of suspicion of DUI. When police pull you over for a stop, they do not have to read you your Miranda Rights before they ask you any questions. 

It is important to note, however, that you can refuse to answer those questions because you are not in formal custody at the time you are stopped for a roadside routine traffic stop, as ruled in Berkemer v. McCarty, 468 U.S. 420 (1984). 

 

If cops ask you questions intentionally meant to get you to incriminate yourself, such as “Have you been drinking?”, those are meant to give the officer information that you engaged in an illegal activity. You can simply say something such as “I’m not talking about my day, officer,” or even “I’m not answering any questions without an attorney present,” or you can say “I’m asserting my right to remain silent.” Remember to stay calm and be polite.

Now, of course there are times when the cops don’t read your Miranda Rights when they’re supposed to, and that’s another reason why you need an attorney. This is a constitutional violation that is huge – sometimes, police neglecting to read you your Miranda rights could be cause for your entire criminal case  or allegations to be dropped.

A Fort Lauderdale criminal defense attorney will tell you when your rights have been violated based on the information you provide.

To learn more about Miranda rights, check out our blog to find out what Miranda Rights really protect you from, and how. 

Free Criminal Defense Consultations

We’ve successfully handled a variety of DUI, Criminal, Domestic Violence, Federal (and many other) charges and cases. We pride ourselves on working hard to give you the results and aggressive defense you deserve and need to protect your liberty. 

 

We offer a FREE strategy session to new clients interested in discussing the details of their case so you know how we plan to get the best possible outcome for you and your case.  

 

Give us a call today to schedule a free consultation:

  • Fort Lauderdale: (754) 206-6200
  • Sunrise: (754) 999-2499
  • Boca Raton: (561) 880-8181
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Second DUI, 0.19 Breath
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kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
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Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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