What Happens If You Are Never Read Your Miranda Rights Before Being Arrested? - ADA Blog

What Happens If You Are Never Read Your Miranda Rights Before Being Arrested?

by Aaron Delgado
03/25/22 (Updated: 04/01/22)

Getting arrested can be one of the most stressful events of a person's life. Even though you may feel like you haven't done anything wrong, you're watching your freedom being taken away as they slap on the handcuffs. If you watch legal TV shows, you will often see police officers and detectives immediately read the Miranda rights of the person being arrested.

Therefore, if you are arrested in Florida, you might be surprised if you are not read your Miranda Rights. Obviously, you are entitled to a set of rights under the Constitution, and it is important for police officers and detectives to respect your rights if they decide to arrest you.

In general, if you are not read your Miranda Rights, then the prosecutor may not be able to use anything you say against you at trial. What do you need to know about Miranda rights, and what happens if they are not read to you?

What Are Your Miranda Rights?

So, what exactly are your Miranda Rights? This is a specific decision stemming from a Supreme Court case called Miranda v. Arizona. It requires that any police officers who are arresting you let you know of certain facts after your arrest and before questioning you. Read that again: a police officer does not necessarily need to read you your Miranda Rights before arresting you, but they do need to read your rights to you before they question you.

What does the police officer need to say to you? Some of the most important things a police officer needs to tell you include:

  • You have the right to remain silent. You do not necessarily have to say anything, and most lawyers would advise you against saying anything at all.
  • If you do say anything, your statements can be used against you in a court of law. Now, your statements may not necessarily prove you are guilty, but you never know how a prosecutor might use your words against you.
  • If you are questioned by the police, you have the right to have an attorney present. This means that you should not speak to the police without having your lawyer with you. 
  • Everyone is entitled to a lawyer. If you do not have the financial means to hire your own lawyer, the court can appoint a lawyer to act as your defense counsel. 

If you feel like these statements were not adequately conveyed to you, then you may not have been properly Mirandized. This means that the prosecutor might not be able to use your statements against you. 

When Do You Need To Be Mirandized?

It doesn't really matter where the police are questioning you. You might be answering questions in jail. You might be stopped at the scene of a crime. You might even be in the middle of an open field randomly in the middle of Florida. Regardless, if you are in custody, this means that your freedom has been deprived. If the police want to talk to you, they need to read you your rights.

On the other hand, if you are not in police custody, they are not required to read you your Miranda Rights. Furthermore, even though you have not been read your rights, they can still use anything you say at trial. It doesn't necessarily mean they are going to use it against you, but they may use what you say against someone else they have already in custody.

So, let's make sure you understand this. If you are not in custody, the police are not required to read you your Miranda Rights, regardless of whether they are going to talk to you or not. If you are in custody, the police need to read you your Miranda Rights before they talk to you. If you are in custody but the police or detectives have no intention of talking to you, then you may not be read your Miranda Rights.

Keep in mind that if you are not in custody you are not under obligation to stay and listen to the questions of the police officer. You can leave without saying anything. Furthermore, if you are in custody, remember that you have the right to remain silent. 

What Happens if Your Rights Are Not Read in Florida?

If the police do not read you your Miranda rights, then whatever you say to the police officers when they ask you their questions cannot be used at trial. This doesn't necessarily mean that the police officers are abusing their privilege, coming down on you too hard, or coercing a certain statement out of you. This simply means that whatever you say to the police officers cannot be used to prove your guilt. This can be a complicated situation, which is why it is important for you to work with a lawyer.

Why Should You Have a Lawyer Present When Talking To The Police?

So, the police have already read you your Miranda Rights. You feel like as long as you talk to the police officers, you can clear everything up and move on with your life. There is no way around it. Getting arrested is stressful. Therefore, you may feel pressure to explain everything. You need to go against this instinct. It is always better to have an attorney with you.

Until you file discovery motions, you do not know what evidence the police have. Even though you may feel like something you say will prove your innocence, it may actually do the opposite. That is why you need to have a lawyer present with you. A lawyer may decide to have you answer a few questions, but a lawyer will also be able to tell when a certain question is designed to prove your guilt. Then, your lawyer could advise you to avoid answering that question at all.

There are a lot of moving parts in the justice system, and you never know how the police are going to build a case against you. That is why you need to work with a lawyer who can protect your rights. 

Work With Aaron Delgado and Associates in Florida for Criminal Defense

Your rights are an important part of the criminal justice system. That is why police officers in Florida need to read you your rights if you have been arrested before they decide to talk to you.

If you believe your rights have been violated in any way, or if you are concerned you may be facing criminal charges, you need to reach out to Aaron Delgado and Associates. Contact us today for a case consultation. 

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