Miranda Rights
– by Tampa Criminal Defense Attorney, Daniel J. Fernandez
If you have been charged with a felony or misdemeanor, you have a Fifth Amendment right to remain silent, and a Sixth Amendment right to counsel, and the police are required to advise you of those rights if you are taken into custody. The police cannot interrogate you without advising you of your rights, and the police cannot continue asking you questions after you have invoked your Miranda rights.
- Burden of Proof – The burden is upon the state to prove that incriminating statements were made, and if so, that they were made freely and voluntarily.
- Incriminating Statements – Incriminating statements are involuntary within the meaning of the Fourteenth Amendment where there is police misconduct.
- Miranda Violations – The police must honor a request to cut off questioning and cannot make a deliberate effort to wear down a person into making incriminating statements. Where there is a request cut off questioning or a request for an attorney, the police must cease all questioning, and if the police fail in this requirement, all of the incriminating statements occurring after the request must be suppressed. The police cannot simply ignored a request to end the questioning. Miranda mandates that all questioning cease at the request to end the questioning or for a lawyer. The police cannot threaten, intimidate, coerce, trick, or deceive a person into making incriminating statements. Both the United States and Florida Constitutions provide that persons shall not be “compelled” to be witnesses against themselves in any criminal matter. U.S. Const. amend. V; Art. I, § 9, Fla. Const.
The Miranda rule serves the purpose of providing clear guidelines to the police and the courts. The Miranda rule is designed to prevent police from badgering a defendant into waiving his previously asserted Miranda rights.
If you have been charged with a felony or misdemeanor, and the police did not advise you of your Miranda rights, or if the police did advise you of your Miranda rights but did not honor your request for an attorney or your request not to speak with the police, you may be entitled to have any incriminating statements suppressed.
Contact a lawyer to discuss the possibility of having your incriminating statements suppressed. Our firm has represented clients in this situation. Many of these proceedings have resulted in a suppression of the statements and dismissal of the charges. Criminal defense attorney Daniel J. Fernandez can help guide you through the process.
If you have been arrested in the Tampa Bay area and believed that you are entitled to have your incriminating statements suppressed, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & for a free consultation now.
Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com
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