Because of the numerous law enforcement shows on TV, most people are familiar with their Miranda rights. Most Americans know these from memory, and they can recite them.
Because we’re so familiar with these words, we might think we know how to apply them in specific situations, but many of us really don’t know what we’re talking about. We’re not familiar enough with the law to know how they should be applied or what they mean. Generally, a police officer doesn’t have to read you your rights during a casual street encounter. However, they have to do so if they arrest someone and begin to interrogate them.
If you’ve been arrested, you need to get in touch with a criminal lawyer in Miami right away. A Miami criminal defense attorney can advise you of your rights and help you get through the difficult and perhaps dangerous interrogation. Our criminal defense lawyers in Miami know how to handle the police and work with detectives to ensure you don’t get yourself in more trouble by making incriminating statements to the police.
If you’ve been charged and are being questioned by police, you absolutely do have a right to have an attorney present, and contacting a Miami criminal defense lawyer could be your best bet to ensure you don’t go to jail. A good criminal lawyer in Miami is going to work hard to get your charges dismissed and try to keep you from ever having to spend a day in prison. However, it’s important you work with criminal lawyers in Miami from the beginning so you don’t accidentally do or say something that could be used against you later on in a court of law.
Being in custody isn’t being under arrest. A good attorney can convince a jury that you were under arrest if an officer didn’t let you move about freely and confined you to a certain area. An officer would have had to “Mirandize” you if they did this.
When a police officer questions you about a crime or whether or not you were involved in a particular crime, this is an interrogation. If you answer the questions without an attorney present, and the officer didn’t read you your rights, then a lawyer could challenge any statements you made as being inadmissible in a court of law.
An interrogation can occur anywhere. It doesn’t have to be at a police station.
Right to Remain Silent Versus Right to an Attorney
Some people exercise their right to remain silent, but what they don’t know is that their right to an attorney is a lot more powerful.
When you remain silent, police officers can keep questioning you and will attempt to use your silence against you.
However, when you exercise your right to an attorney, they have to stop questioning you.
Anytime you’re in custody or being interrogated, get in touch with an experienced Miami criminal defense attorney as soon as possible. You don’t want to be alone with police without proper counsel.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Criminal Lawyer in Miami.