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Orlando Criminal Attorney > Blog > Criminal Defense > Four Facts You May Not Know About the Miranda Warning

Four Facts You May Not Know About the Miranda Warning

The Miranda warning is a result of the landmark case, Miranda v. Arizona. It essentially enforces the Fifth Amendment and makes sure those suspected of a crime do not incriminate themselves when interacting with law enforcement. The Miranda warning is one of the most misunderstood laws in the entire country. People see actors being “read their rights” on television and in movies and so, they think they know everything the law entails. That can lead to trouble for those who are accused of a crime. Below, our Orlando criminal defense lawyer explains four facts you may not know about the Miranda warning.

Police Do Not Always Have to Read Them

This is perhaps the biggest misconception about the Miranda warning. Police do not always have to read you the Miranda warning. In fact, there is only one instance in which they must. This is when you are in custody and being interrogated. Both of those factors must be in place before police have to read you your rights. Being in custody means being detained by police with no reasonable means of leaving. Being interrogated means the police must be actually questioning you.

Simply being at the police station is not enough. While you may be in custody, being at the station alone does not mean you are being interrogated. If police are asking you questions at the side of the road, they may also be interrogating you, but you may be free to leave.

A Miranda Violation Does Not Guarantee a Dismissal

Many people think if they were not read the Miranda warning when police had a duty to read it, it automatically dismisses their case. This is not true. A Miranda violation will only have important evidence thrown out so it cannot be used against you in court. Sometimes, this is enough to weaken the prosecution’s case and so, it will be dismissed. If the prosecution has other strong evidence against you though, this may not happen.

You Have Rights Without the Warning

Even when police have no duty to read you the Miranda warning, it does not mean you do not have rights. You do not ever have to speak to police or answer their questions. If you do not want to answer their questions, simply tell them you are exercising your right to remain silent. If law enforcement has no duty to inform you of your rights and you make statements, they can be held against you and may hurt your case.

You Must Be Provided with Legal Counsel

The Miranda warning protects your Sixth Amendment right to counsel, as well as your Fifth Amendment right. If you ask for a lawyer, police must stop questioning you until your lawyer arrives, or until they can procure one for you. In many cases, police do not provide a lawyer when a suspect asks and so, all questioning is stopped.

Our Criminal Defense Lawyers in Orlando Will Protect Your Rights

If you have been accused of a crime, or you believe your rights have been violated, our Orlando criminal defense lawyers at O’Mara Law Group can help. Our skilled attorneys can advise on whether police infringed on your rights and if so, get important evidence against you thrown out so you can beat your charges. Call us today at 407-634-6604 or contact us online to schedule a consultation.


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