Broward County Criminal Defense Attorney explains when Officers are Required to Read you your Rights…by Neil C. Kerch
I often have many clients tell me that the police officers did not read them their Miranda Warnings. My automatic response is “did the police officers ask you any questions? Police officers do not need to read Miranda Warnings for every arrest. The duty to warn only arises when police officers conduct custodial interrogations.” Custody and interrogation are the events that trigger the duty to warn.
The Constitution does not require that a defendant be advised of the Miranda rights as part of the arrest procedure, or once an officer has probable cause to arrest, or if the defendant has become a suspect of the focus of an investigation.
The circumstances triggering the Miranda safeguards are “custody” and “interrogation”. Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response.
Suspects in “custody” who are about to be interrogated must be properly advised of their Miranda rights—namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent—the right to refuse to answer questions or to otherwise communicate information.
If you or a loved one has been arrested and you believe the police violated your Miranda rights, contact Broward Criminal Defense Attorney Neil C. Kerch for a free initial case consultation.
This post is only general information and is not legal advice or a substitute for legal advice. You should only use this post to familiarize yourself with the criminal justice process in Florida. Importantly, each case is unique and will not necessarily be handled in the same manner as described in this post. Please contact Neil C. Kerch for a free initial case consultation if you have specific questions regarding your involvement with the criminal justice system.
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