You Have the Right to Remain Silent…

//You Have the Right to Remain Silent…

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Law Office of Jessica Travis, P.A., features free parking and is located conveniently on East Livingston Street in Orlando. Further, my law firm offers free, confidential consultations and I accept most payments by credit card.  To discuss your circumstances with a lawyer, contact me online or by calling 407-233-3210 or 888-778-7638 toll free.

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By Jessica Travis on Wednesday, November 13, 2013

Across the nation, the majority of people know the start of the Miranda Warning. Be it through cop dramas on network television or personal experience dealing with the authorities, many people may believe that they understand the function of the Miranda Warning. On its face, the Miranda Warning appears to be a clear and direct statement that is recited by an arresting officer to a person after the person has been detained by the authorities. The statement, which is used by every law enforcement agency across the nation, goes as follows: “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 an attorney. If you cannot afford an attorney, one will be provided for you.”

The words in the Miranda Warning may illustrate a straight-forward and apparent application of a statement meant to protect an arrested suspect from self-incrimination. However, to truly uphold an individual’s rights, it is important to give the Miranda Warning a closer look and analyze the application of the warning that was created to protect the general public from unfair and undue police interrogation.

First off, when analyzing this warning, it is a common misconception that the Miranda Warning must be read by the officer at the time of the arrest.

In truth, the Miranda Warning only has to be read before the police begin questioning. However, the police can question an individual about their name, address, date of birth and other identity related questions without giving the Miranda Warning. Because the Miranda Warning is not required to be given until the person is taken into custody and questioned by the police, any statements the person makes may be later used against them in court. Therefore, it is important to recognize when the Miranda Warning is required to be given.

The Miranda Warning is required to be given before “statements [are] made to the police in the course of a ‘custodial interrogation’.” Miranda v. Arizona, 384 U.S. 436, 476 (1966). This means that the Miranda Warning is only required to be given when a person is in the custody of the police. When viewing the application of the Miranda Warning, the court constitutes “custody” when there is a “formal arrest or restraint on freedom of movement”. Oregon v. Mathiason, 429 U.S. 492, 495 (1977). In other words, the court views a person being in custody when they are formally arrested and are not free to leave, such as being place in handcuffs and/or in the back of a police car. Because the court and arresting authorities use this rational, a person can be questioned by the police while technically not in “police custody” without given the Miranda Warning and these questions can be used against the person in his or her case.

Testimonials

My legal issue was taken care of efficiently . . .

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

Anjum

5.0
2018-07-27T17:46:00+00:00

Anjum

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

The most Responsive and Trustworthy Attorney I’ve ever hired.

Jessica was very professional and knowledgeable in the law of DUI's Even though we did not win the case, she gave it here best shot and gave me the best recommendations. Jessica was a former prosecutor and now and defense lawyer. She knows and understands both sides of the judicial system which is a big plus.

Let's hope I don't ever need her services again but if I do, she will be the first person I contact. I would also recommend her to any and all friends that need her services. She is very passionate about the law and it shows in the court room. She is an outstanding attorney.

Sean

5.0
2018-07-27T17:42:25+00:00

Sean

Jessica was very professional and knowledgeable in the law of DUI's Even though we did not win the case, she gave it here best shot and gave me the best recommendations. Jessica was a former prosecutor and now and defense lawyer. She knows and understands both sides of the judicial system which is a big plus. Let's hope I don't ever need her services again but if I do, she will be the first person I contact. I would also recommend her to any and all friends that need her services. She is very passionate about the law and it shows in the court room. She is an outstanding attorney.

Offerings, Other, Timeliness, Customer Service, Quality

Jessica Travis and her staff are the top of Orlando best attorney that can offer you what you need and give you results you need.

Anonymous

5.0
2018-08-06T15:12:42+00:00

Anonymous

Jessica Travis and her staff are the top of Orlando best attorney that can offer you what you need and give you results you need.

FABULOUS LAWYER

I read the reviews on here prior to hiring Jessica as my attorney. The reviews are not wrong. She is an excellent attorney. She does her research and is very professional. She let me know what to expect and understood my concerns. I hired her for a case that was less than a week away and she blew it out of the park. Thank you Jessica, that takes a real professional to be prepared that quickly. Hopefully I don't have to use you again, but if I need an attorney, I will be right back to you! I will also recommend you to any of my friends or associates who need a good lawyer with your expertise.

Anonymous

5.0
2018-07-27T17:49:45+00:00

Anonymous

I read the reviews on here prior to hiring Jessica as my attorney. The reviews are not wrong. She is an excellent attorney. She does her research and is very professional. She let me know what to expect and understood my concerns. I hired her for a case that was less than a week away and she blew it out of the park. Thank you Jessica, that takes a real professional to be prepared that quickly. Hopefully I don't have to use you again, but if I need an attorney, I will be right back to you! I will also recommend you to any of my friends or associates who need a good lawyer with your expertise.

Client Review of Jessica Ann Travis

Jessica has at all times demonstrated loyalty to the client. She goes the extra mile in representation and never gives up. She is constantly looking at all alternatives that would legally benefit the client. She goes out of her way to keep the client informed at all times. She is extremely knowledgeable of the law, procedures, the legal community, and client support services. I would highly recommend Jessica Travis with no reservations.

Carlos

5.0
2018-07-27T17:43:02+00:00

Carlos

Jessica has at all times demonstrated loyalty to the client. She goes the extra mile in representation and never gives up. She is constantly looking at all alternatives that would legally benefit the client. She goes out of her way to keep the client informed at all times. She is extremely knowledgeable of the law, procedures, the legal community, and client support services. I would highly recommend Jessica Travis with no reservations.

Excellent lawyer

It was a wonderful that my legal shield sent me with Mrs Travis.She was very professional and straight and even that we only contact by phone I felt confidence in her.My ticket was dismissed. Thanks.

Ronaldo

5.0
2018-07-27T17:47:39+00:00

Ronaldo

It was a wonderful that my legal shield sent me with Mrs Travis.She was very professional and straight and even that we only contact by phone I felt confidence in her.My ticket was dismissed. Thanks.

An attorney that not only cares about her clients but she also fights for justice!!

Ms. Jessica Travis is a fighter. She will not stop until she gets the justice you deserve. The felony I was charged with had two counts against me. I was facing 5 years on each count. Ms. Travis saw that the charges against me were not as what they seemed, and she worked day and night on my case. As we went to trial my charges were dropped down to probation and community service. I thought my life was over until she accepted my case. I have never met anyone that cared so much for my rights. She promised me that she would do her best to get the best deal and she did more than that. I am now working full time and my wife and I are finally getting our life back. Thank you Jessica for everything. If anyone of you need an defense attorney, Do not elsewhere. She will treat your case as if you were her only client. She is the best!!!

Anonymous

5.0
2018-07-27T17:41:35+00:00

Anonymous

Ms. Jessica Travis is a fighter. She will not stop until she gets the justice you deserve. The felony I was charged with had two counts against me. I was facing 5 years on each count. Ms. Travis saw that the charges against me were not as what they seemed, and she worked day and night on my case. As we went to trial my charges were dropped down to probation and community service. I thought my life was over until she accepted my case. I have never met anyone that cared so much for my rights. She promised me that she would do her best to get the best deal and she did more than that. I am now working full time and my wife and I are finally getting our life back. Thank you Jessica for everything. If anyone of you need an defense attorney, Do not elsewhere. She will treat your case as if you were her only client. She is the best!!!

Exceptional attorney

Jessica was very professional , prompt and straight to the point. Always kept us informed, and we knew what was going on with the case at any given time! Very caring person for the client and family she is representing and that made our family feel at ease during this stressful time. Would highly recommend Jessica ! Pleased with the results!

Cindy

5.0
2018-07-27T17:43:42+00:00

Cindy

Jessica was very professional , prompt and straight to the point. Always kept us informed, and we knew what was going on with the case at any given time! Very caring person for the client and family she is representing and that made our family feel at ease during this stressful time. Would highly recommend Jessica ! Pleased with the results!

Competent, Efficient, and Friendly

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

Anjum

5.0
2018-07-27T17:48:22+00:00

Anjum

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

I’m so glad I was able to seek out her help . . .

I was recently involved in an auto accident in which a bicyclist ran into the side of my car. Even though I was not at fault, the FHP officer gave me a ticket and wanted to put four points on my license. I have a very clean driving record and have been driving for 15 years. Needless to say, I was very upset. Jessica helped resolve the situation such that the ticket was dismissed and no points were put on my license. I'm so glad I was able to seek out her help and I highly recommend her services as a traffic attorney. Thank you Jessica.

William

5.0
2018-07-27T17:46:59+00:00

William

I was recently involved in an auto accident in which a bicyclist ran into the side of my car. Even though I was not at fault, the FHP officer gave me a ticket and wanted to put four points on my license. I have a very clean driving record and have been driving for 15 years. Needless to say, I was very upset. Jessica helped resolve the situation such that the ticket was dismissed and no points were put on my license. I'm so glad I was able to seek out her help and I highly recommend her services as a traffic attorney. Thank you Jessica.

I can not thank her enough.

I was involved in an auto accident and went looking for a lawyer. I had found Jessica on a work website upon my searching. She made me feel very comfortable and at home. I felt very confident form the start that she was going to be able to take care of my problem. I can not thank her enough.

Natalie

5.0
2018-07-27T17:49:08+00:00

Natalie

I was involved in an auto accident and went looking for a lawyer. I had found Jessica on a work website upon my searching. She made me feel very comfortable and at home. I felt very confident form the start that she was going to be able to take care of my problem. I can not thank her enough.

Thank you Ms. Travis you are the best!!!!

I would not hesitate to recommend Ms. Travis , for anybody looking for a high quality lawyer that also has a very personal touch in making you feel comfortable, in a very difficult, situation. Thank you Ms. Travis you are the best!!!!

Julio

5.0
2018-07-27T17:44:21+00:00

Julio

I would not hesitate to recommend Ms. Travis , for anybody looking for a high quality lawyer that also has a very personal touch in making you feel comfortable, in a very difficult, situation. Thank you Ms. Travis you are the best!!!!

Customer Service, Offerings, Timeliness, Quality

I would highly recommend Jessica Travis to anyone who is in need of a Violation of Probation Lawyer. I reside out of state and with a family member needing urgent attention in a VOP case finding Jessica online was nothing I would regret.

Anonymous

5.0
2018-07-27T17:38:16+00:00

Anonymous

I would highly recommend Jessica Travis to anyone who is in need of a Violation of Probation Lawyer. I reside out of state and with a family member needing urgent attention in a VOP case finding Jessica online was nothing I would regret.
5
13

Disclaimer: Results may not be typical. You may not have as beneficial a result.

Testimonials

An attorney that not only cares about her clients but she also fights for justice!!

Ms. Jessica Travis is a fighter. She will not stop until she gets the justice you deserve. The felony I was charged with had two counts against me. I was facing 5 years on each count. Ms. Travis saw that the charges against me were not as what they seemed, and she worked day and night on my case. As we went to trial my charges were dropped down to probation and community service. I thought my life was over until she accepted my case. I have never met anyone that cared so much for my rights. She promised me that she would do her best to get the best deal and she did more than that. I am now working full time and my wife and I are finally getting our life back. Thank you Jessica for everything. If anyone of you need an defense attorney, Do not elsewhere. She will treat your case as if you were her only client. She is the best!!!

Anonymous

5.0
2018-07-27T17:41:35+00:00

Anonymous

Ms. Jessica Travis is a fighter. She will not stop until she gets the justice you deserve. The felony I was charged with had two counts against me. I was facing 5 years on each count. Ms. Travis saw that the charges against me were not as what they seemed, and she worked day and night on my case. As we went to trial my charges were dropped down to probation and community service. I thought my life was over until she accepted my case. I have never met anyone that cared so much for my rights. She promised me that she would do her best to get the best deal and she did more than that. I am now working full time and my wife and I are finally getting our life back. Thank you Jessica for everything. If anyone of you need an defense attorney, Do not elsewhere. She will treat your case as if you were her only client. She is the best!!!

Excellent lawyer

It was a wonderful that my legal shield sent me with Mrs Travis.She was very professional and straight and even that we only contact by phone I felt confidence in her.My ticket was dismissed. Thanks.

Ronaldo

5.0
2018-07-27T17:47:39+00:00

Ronaldo

It was a wonderful that my legal shield sent me with Mrs Travis.She was very professional and straight and even that we only contact by phone I felt confidence in her.My ticket was dismissed. Thanks.

I can not thank her enough.

I was involved in an auto accident and went looking for a lawyer. I had found Jessica on a work website upon my searching. She made me feel very comfortable and at home. I felt very confident form the start that she was going to be able to take care of my problem. I can not thank her enough.

Natalie

5.0
2018-07-27T17:49:08+00:00

Natalie

I was involved in an auto accident and went looking for a lawyer. I had found Jessica on a work website upon my searching. She made me feel very comfortable and at home. I felt very confident form the start that she was going to be able to take care of my problem. I can not thank her enough.

Competent, Efficient, and Friendly

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

Anjum

5.0
2018-07-27T17:48:22+00:00

Anjum

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

FABULOUS LAWYER

I read the reviews on here prior to hiring Jessica as my attorney. The reviews are not wrong. She is an excellent attorney. She does her research and is very professional. She let me know what to expect and understood my concerns. I hired her for a case that was less than a week away and she blew it out of the park. Thank you Jessica, that takes a real professional to be prepared that quickly. Hopefully I don't have to use you again, but if I need an attorney, I will be right back to you! I will also recommend you to any of my friends or associates who need a good lawyer with your expertise.

Anonymous

5.0
2018-07-27T17:49:45+00:00

Anonymous

I read the reviews on here prior to hiring Jessica as my attorney. The reviews are not wrong. She is an excellent attorney. She does her research and is very professional. She let me know what to expect and understood my concerns. I hired her for a case that was less than a week away and she blew it out of the park. Thank you Jessica, that takes a real professional to be prepared that quickly. Hopefully I don't have to use you again, but if I need an attorney, I will be right back to you! I will also recommend you to any of my friends or associates who need a good lawyer with your expertise.

Offerings, Other, Timeliness, Customer Service, Quality

Jessica Travis and her staff are the top of Orlando best attorney that can offer you what you need and give you results you need.

Anonymous

5.0
2018-08-06T15:12:42+00:00

Anonymous

Jessica Travis and her staff are the top of Orlando best attorney that can offer you what you need and give you results you need.

The most Responsive and Trustworthy Attorney I’ve ever hired.

Jessica was very professional and knowledgeable in the law of DUI's Even though we did not win the case, she gave it here best shot and gave me the best recommendations. Jessica was a former prosecutor and now and defense lawyer. She knows and understands both sides of the judicial system which is a big plus.

Let's hope I don't ever need her services again but if I do, she will be the first person I contact. I would also recommend her to any and all friends that need her services. She is very passionate about the law and it shows in the court room. She is an outstanding attorney.

Sean

5.0
2018-07-27T17:42:25+00:00

Sean

Jessica was very professional and knowledgeable in the law of DUI's Even though we did not win the case, she gave it here best shot and gave me the best recommendations. Jessica was a former prosecutor and now and defense lawyer. She knows and understands both sides of the judicial system which is a big plus. Let's hope I don't ever need her services again but if I do, she will be the first person I contact. I would also recommend her to any and all friends that need her services. She is very passionate about the law and it shows in the court room. She is an outstanding attorney.

Thank you Ms. Travis you are the best!!!!

I would not hesitate to recommend Ms. Travis , for anybody looking for a high quality lawyer that also has a very personal touch in making you feel comfortable, in a very difficult, situation. Thank you Ms. Travis you are the best!!!!

Julio

5.0
2018-07-27T17:44:21+00:00

Julio

I would not hesitate to recommend Ms. Travis , for anybody looking for a high quality lawyer that also has a very personal touch in making you feel comfortable, in a very difficult, situation. Thank you Ms. Travis you are the best!!!!

Customer Service, Offerings, Timeliness, Quality

I would highly recommend Jessica Travis to anyone who is in need of a Violation of Probation Lawyer. I reside out of state and with a family member needing urgent attention in a VOP case finding Jessica online was nothing I would regret.

Anonymous

5.0
2018-07-27T17:38:16+00:00

Anonymous

I would highly recommend Jessica Travis to anyone who is in need of a Violation of Probation Lawyer. I reside out of state and with a family member needing urgent attention in a VOP case finding Jessica online was nothing I would regret.

Client Review of Jessica Ann Travis

Jessica has at all times demonstrated loyalty to the client. She goes the extra mile in representation and never gives up. She is constantly looking at all alternatives that would legally benefit the client. She goes out of her way to keep the client informed at all times. She is extremely knowledgeable of the law, procedures, the legal community, and client support services. I would highly recommend Jessica Travis with no reservations.

Carlos

5.0
2018-07-27T17:43:02+00:00

Carlos

Jessica has at all times demonstrated loyalty to the client. She goes the extra mile in representation and never gives up. She is constantly looking at all alternatives that would legally benefit the client. She goes out of her way to keep the client informed at all times. She is extremely knowledgeable of the law, procedures, the legal community, and client support services. I would highly recommend Jessica Travis with no reservations.

Exceptional attorney

Jessica was very professional , prompt and straight to the point. Always kept us informed, and we knew what was going on with the case at any given time! Very caring person for the client and family she is representing and that made our family feel at ease during this stressful time. Would highly recommend Jessica ! Pleased with the results!

Cindy

5.0
2018-07-27T17:43:42+00:00

Cindy

Jessica was very professional , prompt and straight to the point. Always kept us informed, and we knew what was going on with the case at any given time! Very caring person for the client and family she is representing and that made our family feel at ease during this stressful time. Would highly recommend Jessica ! Pleased with the results!

I’m so glad I was able to seek out her help . . .

I was recently involved in an auto accident in which a bicyclist ran into the side of my car. Even though I was not at fault, the FHP officer gave me a ticket and wanted to put four points on my license. I have a very clean driving record and have been driving for 15 years. Needless to say, I was very upset. Jessica helped resolve the situation such that the ticket was dismissed and no points were put on my license. I'm so glad I was able to seek out her help and I highly recommend her services as a traffic attorney. Thank you Jessica.

William

5.0
2018-07-27T17:46:59+00:00

William

I was recently involved in an auto accident in which a bicyclist ran into the side of my car. Even though I was not at fault, the FHP officer gave me a ticket and wanted to put four points on my license. I have a very clean driving record and have been driving for 15 years. Needless to say, I was very upset. Jessica helped resolve the situation such that the ticket was dismissed and no points were put on my license. I'm so glad I was able to seek out her help and I highly recommend her services as a traffic attorney. Thank you Jessica.

My legal issue was taken care of efficiently . . .

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.

Anjum

5.0
2018-07-27T17:46:00+00:00

Anjum

My experience working with Jessica Travis was wonderful. She is diligent, knowledgeable, and professional. She made me feel at ease during the entire process. My legal issue was taken care of efficiently and I would highly recommend Jessica to handle any legal matter.
5
13

Disclaimer: Results may not be typical. You may not have as beneficial a result.

In Florida, officers can circumvent the Miranda Warnings by asking incriminating questions prior to the arrest. For example, an officer will ask a person questions while they are still in their car or on the side of the road casually speaking with the officer. Although many of these questions can be incriminating and can be used against the person, the officer does not have to give you a Miranda Warning because the individual is technically not under arrest and free to leave. Regardless of whether an officer has informed a person of their Miranda Rights or rights in general, a person has the ultimate right to remain silent in almost every occasion.

Although the application of the Miranda Warning may seem to be convoluted, it is meant to protect the rights of the people against police incrimination. Regardless of whether an officer has informed a person of their Miranda Rights or rights in general, a person has the ultimate right to remain silent in almost every occasion. Therefore, by better understanding when and how the Miranda Warning is used, an individual can make sure that their rights have not been infringed upon. If you feel your rights have been violated or you have general questions regarding Miranda Rights in your case, it is important to get competent advice from an experienced attorney.

Orlando Probation Violation Lawyer

Central Florida Criminal Law And Probation Violation Attorney Serving Osceola, Orlando And Orange County. Committed. Skilled. Fair legal services.

CALL NOW
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FAILED A DRUG TEST WHILE ON PROBATION? I CAN HELP!

Accusations of probation violations have serious consequences, but you are not helpless to their consequences. You can fight back.

Contact the Law Office of Jessica Travis, P.A., in Orlando, Florida, and I can meet with you confidentially, discuss your options and help you limit — or eliminate — any negative consequences of an alleged probation violation.

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Super Lawyers

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CFAWL

CFAWL

FACDL

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Top 40 Criminal Defense Lawyer Under 40 (2014) | Top 40 Criminal Defense Lawyer Under 40 (2015)

ABA

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CFACDL

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OCBA

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Chair of the Criminal Committee (2012-2015) | Co-Chair of Law Week Committee (2015-2016) | Member of Bench Bar Committee (2014-2016) | 2015 Pro Bono Award Recipient

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LAW OFFICE OF JESSICA TRAVIS, P.A.

1513 E. Livingston Street, Orlando, FL 32803
TEL: 407-233-3210
FAX: 407-233-3238
TOLL FREE: 888-778-7638

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By |2018-07-30T21:01:19+00:00November 13th, 2013|Criminal Law Blog|0 Comments