Fort Lauderdale Failure to Read a Miranda Warning for Post-Arrest Questioning Attorney
Television shows and movies often show police officers handcuffing a suspect while reading them their Miranda rights. These same mediums also sometimes depict a suspect’s charges being dropped simply because they were not read their Miranda rights. Unfortunately, this does not happen in real life.
If you were arrested and were not read the Miranda warning, it likely will not result in a dismissal of your charges. However, it can help your case as certain statements may be considered inadmissible in court. Our Fort Lauderdale failure to read a Miranda warning for post-arrest questioning attorney can ensure your rights are upheld.
What is a Failure to Read a Miranda Warning for Post-Arrest Questioning?
The Miranda warning is a result of the landmark case, Miranda v. Arizona. The law requires law enforcement officers to inform you of your rights after they arrest you, but before they question you. Any officer that wants to question you must inform you of your right to:
- Remain silent, and that anything you say can be used against you,
- Have a attorney present while you are being questioned, and
- The appointment of a attorney if you cannot afford one
Any time a police officer wishes to interrogate someone, they must read them the Miranda warning. If they do not, it is considered a failure to read a Miranda warning for post-arrest questioning.
When Does a Failure to Read a Miranda Warning for Post-Arrest Questioning Occur?
The same television shows and movies that are responsible for so many misconceptions about the Miranda warning also often show these rights being read to a person while they are already in custody, usually at a police department. However, it does not matter where an interrogation takes place. Regardless of whether the suspect and officer are at the scene of a crime, on a busy street, or in the middle of an open field, if police have someone in custody and want to question them to use the answers during a trial, the suspect must be read their Miranda rights.
Being detained means being deprived of your freedom of action in a significant manner. For example, police may stop you for a suspected DUI and ask you to get out of your vehicle. If you do not feel free to leave, the police have detained you, even if they have not arrested you.
If you have not been detained and are not in police custody, you do not have the same rights. Law enforcement officers often try to delay an arrest for this reason, so they do not have to read the Miranda warning. If you say anything incriminating during the time before you are arrested, anything you say can still be held against you, even if you were not read your Miranda rights.
Speak to a Failure to Read a Miranda Warning for Post-Arrest Questioning Attorney in Fort Lauderdale Today
The Miranda warning, and the laws surrounding it, are complicated. If you have been arrested or charges have been filed against you, our Fort Lauderdale failure to read a Miranda warning for post-arrest questioning attorney at Meldon Law can advise on whether your rights have been violated. Call us today at 800-373-8000 or contact us online to schedule a free consultation.