What Happens if the Police Don’t Read You Your Miranda Rights?

Written by:Julian Stroleny PortraitJulian Stroleny

Through TV and popular movies, we’ve all seen enough crime dramas to have an idea of how things are supposed to go when someone gets arrested. After the subject has been placed in custody, the police officer will read them their Miranda rights, which goes something along the lines of ‘you have the right to remain silent, anything you say can and will be used against you in a court of law…’. We’ve all seen it.

But savvy viewers know that just because something is true on the silver screen, doesn’t mean it’s true in real life in Miami.

So what actually happens if the police do not Mirandize a suspect in Florida? That’s a question for a Miami criminal defense attorney – though you’d be surprised how often this topic can lead to confusion among even seasoned lawyers.

If you’re arrested and you are not read Miranda, then statements you made after being taken into custody can later be suppressed through a motion. This motion is known as a Motion to Suppress and will be filed by your criminal defense attorney. Of course, any evidence you have showing that Miranda was not read to you will be helpful. If your friends videotaped your arrest, preserve this video. If you remember a timeline of your arrest, write down the sequence of events and times before you forget them. These pieces of evidence could be very helpful later in your motion to suppress.

If you are being arrested and you hear your rights being read to you, it is highly advisable that you follow the advice therein. You shouldn’t talk to the police as you can end up providing evidence that will help build a case against you. There are exceptions to this rule, but if you’re unsure as to whether you should speak up or not, then the best thing you can do is to ask a criminal attorney in Miami.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Criminal Attorney In Miami.

Request a Free Case Evaluation

Fill out the form below and we will respond to you shortly.

The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.