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 or not related to your Miranda rights then.
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/
An 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.