Miranda rights are a crucial component of the U.S. criminal justice system, ensuring every person who is arrested is notified of their constitutional right against self-incrimination during police interrogations. In Florida, understanding when and how to invoke your Miranda rights is essential to safeguard your legal rights and the fairness of the legal process.
But after many years of experience representing people who have been arrested and charged with a crime, we at Stechschulte Nell, Attorneys at Law in Tampa, know that hearing your Miranda rights is not the same thing as understanding them or how to use them. We believe everyone should know what Miranda rights mean for them when they are arrested and how to invoke them effectively.
What Are Miranda Rights?
Miranda rights, also known as the Miranda warning, are legal warnings given by law enforcement officers to suspects in custody before interrogation. These warnings originated from the landmark U.S. Supreme Court case Miranda v. Arizona in 1966. The purpose of Miranda rights is to inform individuals of their constitutional rights, including the right to remain silent and the right to have an attorney with them during any questioning.
The typical wording of the Miranda warning is 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 one, one will be provided for you.
- Do you understand the rights I have just read to you?
When Do Miranda Rights Apply in Florida?
Miranda rights come into play when a person is being subjected to “custodial interrogation.” That requires that two circumstances exist at the same time:
- Custody: You must be in custody, meaning your freedom of movement is restricted, and you reasonably believe that you are not free to leave.
- Interrogation: Law enforcement officers must be conducting an interrogation. This includes direct questioning, as well as any words or actions by the police that are reasonably likely to elicit an incriminating response.
You must keep in mind that not every interaction between the police and a civilian qualifies as “custodial interrogation.” For example, if a police officer approaches you as you are walking down the street and asks you where you are coming from or where you are going, then only one of the necessary factors is present. You are being questioned by law enforcement, but you are not in custody.
Another occasion when Miranda may not be required to be read to an arrestee is when they are in custody but are not questioned. The law mandates only that someone who is being interrogated by police when they are in custody must be notified of their right to remain silent and to have an attorney present during questioning.
Traffic Stops
Routine traffic stops do not usually qualify as custody for Miranda purposes. However, if the nature of the stop changes to a custodial situation, such as an arrest, Miranda rights may be invoked. In some circumstances, a traffic stop may evolve into a custodial detention when the original reason for the stop morphs into a more complicated investigation, even without a formal arrest.
For example, if a driver is stopped for suspicion of failure to come to a full stop at a stop sign, but the police “detain” the driver and the car at the scene for ninety minutes to investigate the fact that the driver matches the description of a recent robbery suspect, the driver should be given Miranda rights before any questioning by police.
When Should You Invoke Your Miranda Rights in Florida?
Knowing when to invoke your Miranda rights is critical to protecting your interests during interactions with law enforcement in Florida. Here are some important keys to remember:
When Detained or Arrested
If you find yourself in custody or under arrest by law enforcement officers in Florida, you should assert your Miranda rights without hesitation. It’s a little unnerving to be confronted by police and arrested. You won’t feel comfortable. But you are fully within your rights to politely tell the officer that, “I do want a lawyer before any questioning.”
Typically, the police will soft-sell the idea that you are doing yourself a favor by cooperating or telling you that only people with something to hide ask for a lawyer. Don’t be confused or persuaded by such a suggestion. The police want you to talk. Your silence does not provide them with evidence.
And remember, your decision to remain silent and not to answer police questions cannot be used against you in court.
You Can Invoke Your Right to Remain Silent at Any Time
Even if you initially waived your Miranda rights, you could invoke them at any time during questioning. If the police persistently question you and you wish to stop the interrogation, tell them clearly and decisively that you “want to be silent,” or “I invoke my right not to answer questions.” You can also stop any interrogation by telling the “I want a lawyer.”
If you’re unsure whether you should invoke your Miranda rights, it’s wise to do so if you believe your statements could incriminate you. It’s better to protect your rights proactively, and you can always choose to answer questions later with an attorney present.
Do not be concerned about disappointing the police. They are not working to help you. Their job is to solve crimes by investigating, which includes gathering evidence they can use in court to convict defendants. And lying to the police is just as bad as confessing because lies you tell can be exposed to a judge and jury in court to persuade the fact finder that your in-court testimony is unbelievable.
Contact an Experienced Criminal Defense Attorney
Miranda rights are simple in one respect – you should know you do not have to answer questions and declare your intent to remain silent or to have an attorney present legally requires the police to stop questioning you.
However, Miranda can also be complicated. What happens when the police continue to question you even after you invoke your right to remain silent? How do you know if you are in custody and are entitled to be read your Miranda rights before questioning?
These and other questions are the ones an experienced criminal defense lawyer is skilled in answering. The answers are based on established and developing case law both in Florida courts and in federal courts.
Get qualified and experienced legal counsel in your criminal case. Reach out to us at Stechschulte Nell, Attorneys at Law and call 813-280-1244.
