Available 24/7 | Call Now

Se habla Español

What to Do When You Are Not Read Your Miranda Rights

November 9, 2024
By The Wiseman Law Firm

When someone is taken into police custody, they often expect to hear their Miranda rights, the well-known warning that includes the right to remain silent and the right to an attorney. But what happens when these rights aren’t  explained? Many people are unsure of the legal implications or the impact on their case. Failing to receive a Miranda warning could significantly affect how evidence is used, potentially leading to certain statements being excluded from court. Knowing your rights in this situation is essential, as it can mean the difference between a fair and compromised trial.

At The Wiseman Law Firm, our attorney brings over two decades of criminal defense experience to clients throughout Central Florida. Led by a former prosecutor, we know both sides of the courtroom and understand how to assess whether an arrest or interrogation followed proper legal procedures. With a reputation for diligent preparation and zealous representation, we work to protect the rights of individuals facing serious criminal charges. If you’re dealing with questions about Miranda rights or any other criminal defense matter, we’re here to provide guidance.

What to Do if You Are Not Read Your Miranda Rights in Florida

When police fail to read your Miranda rights, it can significantly impact the trajectory of your case. Miranda rights protect your Fifth Amendment right against self-incrimination, meaning that if you’re not informed of these rights, any statements or confessions made during custodial interrogation might be ruled inadmissible in court. In practical terms, this could prevent the prosecution from using statements you made in custody to build their case against you, which can be especially important in cases relying heavily on verbal admissions or confessions.

Without admissible statements, the prosecution’s evidence may weaken, potentially leading to reduced charges, a favorable plea deal, or even the dismissal of the case altogether. However, it’s essential to understand that the impact of a Miranda violation is specific to each case. Some statements made before police custody or during voluntary exchanges may still be admissible, so a full analysis is critical to determine the best defense strategy.

At The Wiseman Law Firm, we meticulously examine the circumstances of your arrest and any police interactions to ensure your rights were respected. If Miranda rights were not read, we pursue all available legal remedies to exclude improper evidence and protect your interests.

How Can an Experienced Criminal Defense Attorney Help You? 

Having an experienced defense attorney can be invaluable in cases where Miranda rights may not have been read. Here’s how a knowledgeable attorney can assist:

  • Thorough Case Review: An experienced attorney will meticulously review the details of your arrest and any interactions with law enforcement, checking for procedural errors, including Miranda rights violations.
  • Evidence Suppression: If your Miranda rights were not read, your attorney can file motions to suppress any statements made in custody, potentially making them inadmissible in court. This can weaken the prosecution’s case and change your legal options.
  • Strategic Defense Building: A skilled attorney knows how to leverage procedural mistakes to benefit your case, using any missteps to negotiate reduced charges, seek favorable plea deals, or even pursue case dismissal.
  • Protecting Your Rights: Beyond Miranda, an experienced attorney will ensure that all your constitutional rights are protected at every stage of the process, from arrest through trial.

At The Wiseman Law Firm, we bring over two decades of defense experience, including insights from former prosecutorial work, to each client’s case. Our approach focuses on careful preparation, diligent investigation, and strong advocacy to help achieve the best possible outcome in every situation.

Protect Your Rights with The Wiseman Law Firm

If you weren’t read your Miranda rights, your case deserves a thorough review by an experienced criminal defense attorney who understands how these rights impact your defense. At The Wiseman Law Firm, we draw on over 20 years of criminal law experience, leveraging our background as a former prosecutor to protect our clients’ rights effectively. We carefully assess every detail, from arrest procedures to police conduct, to build a strong defense that holds law enforcement accountable.

When it comes to your future, don’t leave anything to chance. Let us review your case, challenge any procedural missteps, and fight for a fair outcome. Call us today at (407) 420-4647 or reach out through our contact form.

Related Posts

Address
Follow Us
Skip to content