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Notes about Miranda rights

On Behalf of | Sep 13, 2022 | Federal Crimes |

If the police don’t read someone their Miranda rights when arresting them, the officers will violate the person’s constitutional rights. Any statements the suspect makes would not likely be admissible in a Florida court. While many have a general idea about Miranda rights, they might not understand when they go into effect. So, suspects could mistakenly incriminate themselves.

Miranda rights and arrests

When the police place someone under arrest, they must read the Miranda rights to allow the individual the chance to invoke their Fifth Amendment rights. A suspect has a right to remain silent and avoid making any statements that would incriminate them. They might not know this until after the police read Miranda rights to them.

The police have no obligation to read Miranda rights before someone goes under arrest. They can question the person at any time, although the questioning is supposed to be voluntary. Unfortunately, a suspect could speak to the police before an arrest and make statements that lead to significant legal troubles.

Making incriminating statements

Invoking the right to remain silent when dealing with law enforcement could prevent the police from procuring statements. Miranda rights note that statements can be used against someone during a criminal prosecution. Taking potential evidence off the table could help a criminal defense.

Having an attorney present during official questioning might be advisable after an arrest. The police could coerce or outright lie to a client to acquire incriminating statements.

If the police do not ensure a suspect understands their Miranda rights, any statements made by the person could become inadmissible. A motion to suppress evidence may also be possible under other circumstances.