FREE, CONFIDENTIAL CONSULTATION
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.
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.
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.
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.