The Police In Broward County Didn't Read My Rights So The Case Has To Get Dropped, Right?

Your criminal case In Broward County, Florida will not be dropped/dismissed just because a police officer did not read your Miranda rights. It is a common misconception that when you are arrested, the police officer must advise you of your Miranda rights. Unfortunately, the Broward Sherriffs Deputy that arrests you, nor any other law enforcement agent, needs to read you constitutional warnings when they arrest you. In fact, the only time a police officer is required to read your rights is when you are in custody and being interrogated (with very few exceptions). This is why it is so incredibly important for you to be aware of the rights you have and protect yourself. Knowledge is power.


According to the US Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), in order to protect the privilege against self-incrimination granted by the Fifth Amendment, certain procedural safeguards are required when you are being questioned. An officer is required to warn you only before questioning that you have the right to remain silent, that anything you say can be used against you in a court of law, that you have the right to an attorney, and that if you cannot afford an attorney one will be appointed for you prior to any questioning if you so desire. However, these safeguards only come into play whenever you are in custody and you are subjected to interrogation. Interrogation could be questioning in the normal sense of the word, but could also be any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from you. These rules were designed to protect you against coercive police practices, and if the State is not able to prove that warnings were given before you were questioned and that you waived them, any statements you made could be thrown out of court. However, there could still be evidence against you, aside from incriminating statements, that is sufficient for the State to go forward in your prosecution.

Any spontaneous statements you make before you are in custody are probably fair game in a court of law. That is why it is best to know your rights and remain silent when you are in the presence of a police officer. You do not want to say things that will haunt you later. Just because he hasnt told you that anything you say can and will be used against you, doesnt mean that it cant be. He usually doesnt have to tell you that unless you are handcuffed and being interrogated. Many people who are arrested never have their rights read to them because they are never interrogated. If you are handcuffed in the back of a police car and the officer is not asking you any questions, he does not have to read Miranda warnings to you. That means that anything you say in the backseat or ask the officer is allowed to be used against you and is probably recorded, too.

Law enforcement officers are also legally allowed to trick you and lie to you, within reason. Dont get tricked. Know your rights; dont wait for an officer to read them to you because it may never happen. Know that you always have the right to remain silent and act on it to prevent yourself from getting into further trouble.

Any Criminal Defense Lawyer worth his weight will tell you that keeping your mouth shut is the best thing you can possibly do. Many clients will tell their criminal lawyer that they caught me so I told them-they already knew. Police officers often do not know what occurred but they pretend to know everything and trick you. Never volunteer to give any information to police. If you want to help yourself when dealing with police in Broward County, Florida, contact a Fort Lauderdale Criminal Defense Lawyer and let him advise you on what should be shared with authorities. Never lie to police. Keep it simple and ask for a lawyer.

The only information that should ever be shared with police is your name. Do not be scared to remain silent when speaking to police in Broward County, Fl - it is your legal right. Do not tell the officer that you know your rights and do not act rudely. Simply say, I do not wish to speak to you officer. I request to speak to a lawyer. If anything else comes out of your mouth when in the presence of a police officer you are likely incriminating yourself and causing harm to your case.

Knowing your basic rights is a wonderful thing, but exercising your right to remain silent is the single most important thing you can do to when suspected of a crime in Broward County, Florida. Remaining silent during your interactions with police will greatly enhance your ability to be successful in the Broward County Court House.