Criminal Lawyer in Miami Explains Not All Questions Are Forbidden by Miranda Warnings
You do have the right to remain silent after you’re arrested. You don’t have to divulge information that could be incriminating to you. The Miranda warning, sometimes called Miranda rights, are protections the police tell you about when you’re in police custody. It’s something they have to tell you before you’re questioned. If police fail to give this warning, and the criminal suspect reveals incriminating information, that information might not be admissible in court.
In Florida and all across the country, when someone is arrested, he or she has a constitutional right not to say anything to the police. Of course, some basic, routine questions do have to be answered. The police can ask basic questions that are a routine part of the arrest and booking procedure. For instance, the police can ask biographical, physical, and identification questions, such as age, height, address, date of birth, place of employment, and so on. However, the police cannot ask questions that are designed to get information about the case against you. If you’ve invoked your Miranda rights, the police aren’t allowed to ask.
Of course, some of that information could be incriminating to a suspect. If it was a work-related crime, for instance, then the suspect telling the police where he or she works could help the state prove their case against the suspect. The suspect doesn’t have to answer any question that he or she thinks is incriminating. It really is that simple. That being said, a suspect shouldn’t be deliberately stubborn about answering routine booking questions. Just be careful not to give the police any information that could negatively impact the case against you.
You shouldn’t offer any more information than is required, either. Police are not allowed to ask any questions that could glean information about the case. But, if the police ask a basic booking question and the suspect then talks about other things that aren’t related to the case, the state can use that information against the suspect in a court of law. So, when a suspect is being booked into a jail or when the police officer is filling out an arrest report, the suspect should be very careful not to give out any incriminating or unnecessary information, whether they’re responding to a question or as part of another question.
If you’re going to be questioned by the police, it’s important you have a good criminal lawyer in Miami by your side. You could easily fall into traps set by the police or detectives, and it could hurt your chances of going free. Contact a competent criminal defense attorney in Miami if you’re in police custody. It should be one of the first things you do.
If you’re worried about the cost of a criminal lawyer in Miami, don’t let it stop you from picking up the phone and calling a Miami criminal defense attorney. You can always work out a payment plan for your legal bill but you can’t always take back what you’ve said to the police.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.
View more contact information here: Criminal Lawyer in Miami.