Does Law Enforcement Have to Read Me Miranda Rights?
Do you have questions about your Miranda rights? Were you recently arrested? Did the police officer fail to read you your Miranda rights before interrogating you?
Talk to us, attorneys Andrew Moses and Jay R. Rooth at Moses and Rooth Attorneys at Law, in Orlando, Florida. We can answer your questions about Miranda rights and explain your options for defending against your criminal charges. Call (407) 377-0150 or contact us online to schedule a free consultation.
What Are My Miranda Rights?
In 1966, the U.S. Supreme Court held, in Miranda v. Arizona, that anyone taken into custody and interrogated by police must be told about his or her Fifth Amendment right against self-incrimination before being questioned. This includes telling crime suspects:
- You have a right to remain silent. Anything you say can and will be used against you in a court of law.
- You have a right to an attorney. If you cannot afford to hire an attorney, the court will appoint one for you.
These are called Miranda rights, or the Miranda warning.
What if Police Officers Do Not Read Me My Miranda Rights?
Police officers can still ask you questions if they do not read you your Miranda rights. Yet, any information you provide will be considered “involuntary” and cannot be used against you in court. Evidence obtained as a result of your un-Mirandized statements may be excluded through a motion to suppress.
When Doesn’t Law Enforcement Have to Give the Miranda Warning?
There are certain circumstances where the Miranda warning is not necessary, including:
- When police officers do not intend to interrogate you. Questions such as your name, address and age are not questions that require the Miranda warning.
- When the safety of the public is at risk
- When police officers question you before arresting you, including during traffic stops
Law enforcement is only required to advise you of your “Miranda” rights during a custodial interrogation.
What if I Agree to Talk to the Police but Later Want to Plead the Fifth?
If at anytime during a police interrogation, you want to plead the Fifth/invoke your right to remain silent under the Fifth Amendment, you can. Police officers must respect your right against self-incrimination. They cannot coerce you into speaking with them.
Questions About Your Miranda Rights? Contact Our Defense Lawyers
At Moses and Rooth Attorneys at Law, we offer a high level of client service for reasonable rates. Contact us 24 hours a day, seven days a week to discuss your case. With law offices in downtown Orlando, we represent clients throughout Central Florida.