The Miranda Warning: What is It and Updates to the Miranda Warning in Miami

It is likely that many – if not most – Miami residents have heard of the term “Miranda Warning” or “Miranda Rights.” Indeed, most people who have watched a legal drama, a criminal case unfold, or a made-for-television courtroom show have probably seen an actor portraying a police officer on the big screen read a criminal suspect their Miranda Warning as they are being arrested and put into the back of a police car. But what exactly is the Miranda Warning and what can those individuals who are facing criminal charges do if they are charged with a crime and need legal help? To help Miami residents better understand their rights under Florida criminal laws, the status of those rights under Florida laws, and how to get legal help, we answer those questions here.

Your Miranda Warning Explained

We have all probably heard it at some point in our lives, whether as a witness or just on the television: “You have a right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have read to you? With these rights in mind, do you wish to speak to me?” These are the basic requirements of a Miranda Warning. When a person is arrested for a crime in Miami, the arresting police officer must read or give these rights to the suspect so that they are aware of their rights under the Fifth and Sixth Amendments of the U.S. Constitution. The Fifth Amendment guarantees the privilege against self-incrimination, and the Sixth Amendment provides the right to an attorney.

Updates to the Miranda Warning in Florida – Know Your Rights in Miami

It is important for Miami residents to know that there have been changes to Florida laws regarding the Miranda Warning. This year, the Florida Supreme Court reversed an earlier decision that required investigators to “remind or readvise” criminal suspects of their Miranda Rights when those suspects “reinitiate contact” with interrogating police officers. The Florida Supreme Court held that “Although we hold that there is no per se requirement than an officer remind and readvise a defendant of his Miranda rights, evidence of such would certainly be relevant to an overall analysis of whether the defendant voluntarily waived those rights.”

Legal Help for Those Facing Criminal Charges in Miami

If you believe that your Miranda Rights were violated and you were not correctly read your Miranda Warning, or you are facing criminal charges and you need legal help in Miami, do not hesitate to get in touch with an experienced Miami criminal attorney as soon as possible. The experienced Miami criminal attorneys at AsiliA Law Firm are here to help those who are facing criminal charges in Miami get justice. Do not hesitate to speak to an experienced lawyer about your case today. Contact AsiliA Law Firm and speak to a lawyer about your case now.

Source:

floridabar.org/the-florida-bar-news/florida-supreme-court-reverses-2018-ruling-on-miranda-rights-reminder/