Your Miranda Rights

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you..."  Most of us have heard these words before, either on television, or in a movie, or perhaps in real life.  The rights mentioned in the above few sentences are rights which have been given to American citizens by the United States Constitution.  The reason why these words are referred to as "Miranda rights" or Miranda warnings" is because, in the case of Miranda v. Arizona, the United States Supreme Court determined that, not only does the Constitution give citizens these rights, but it also dictates that a citizen should be informed of these rights before being subjected to questioning while in the custody of police.  If a person suspected of a crime is subjected to questioning while in the custody of police, and that person has not been informed of these rights, then there is a good possibility that the statements made by the suspect will not be admissible in court.

"You have the right to remain silent."

Most everyone who has watched a police drama on television has most likely heard an actor playing a police detective utter the words, "You have the right to remain silent...," to a suspect who has been or is about to be arrested.  These words are more than just a part of a fictional script, and, if you have been arrested, you have likely heard these words directed at you in real life.  In fact, the constitution provides citizens with the right to refuse to speak with police about the facts and circumstances surrounding allegations of a crime.  If you have been arrested and charged with a crime, you are under no obligation to speak to law enforcement about the allegations.  You should take advantage of your right to remain silent until you have have had the opportunity to consult with an attorney for guidance.  Furthermore, you should refrain from speaking to anyone, including friends or family, about the alleged criminal offense until you have consulted with an attorney.  Additionally, if you have been arrested, you should take note of the time and point when you were advised of your Miranda rights because that information may become a basis for your attorney to raise a legal challenge as to the admissilibty of any statements that you may have made.

Seek the help of a qualified criminal defense attorney as soon as possible

The constitution also gives citizens who are facing criminal prosecution the right to an attorney.  If you are facing criminal charges, it is important that you seek the help of a qualified criminal defense attorney as soon as possible.  Whether you will be represented by an attorney from the Public Defender's Office, or you plan to hire private counsel, it is essential that you communicate with that person as soon as possible.  In certain situations, there are specific deadlines that must be met to preserve your rights.  For example, in DUI cases, you must request a hearing in front of Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) within 10 days of being charged in order to preserve your right to challenge the automatic suspension of your license.  It is also important to note the time and point when your asked for an attorney, if you did so, during the investigation and arrest process.  In general, the law dictates that the questioning of a suspect must stop once that person has asked for an attorney.  For that reason, this information may also form the basis for a legal challenge which can later be filed by an attorney on your behalf.