#I was arrested but never read my rights free#

“When was your last drink and how much did you have”.“Have you been drinking or using drugs”.The examples the Fort Lauderdale DUI Task Force protocols give as basic questions are: The issue, however, is at what point does “basic questioning” escalate to a full-on interrogation? For example, if you are pulled over for a traffic violation and the officer believes you are impaired, Florida law permits the officer to ask you basic questions in order to confirm or dispel their suspicion. The answer truly lies in a gray area of the law. Unfortunately, in the state of Florida, this question is tricky to answer and is still often contested in court. Is it Considered a Custodial Interrogation When the Police Ask Me Questions on the Side of the Road? Then, the only factor that needs to be determined, is whether or not you are being interrogated when the police question you during a DUI investigation.

In that instance, it would seem as if you are in police custody according to the definition of “custody” used by the Supreme Court.

#I was arrested but never read my rights free#

When a police officer pulls you over and you are on the side of the road, would you say you feel free to leave at any time? Probably not. With that being said, are your Miranda Rights supposed to be read to you while a cop is investigating you for DUI? Well, let us evaluate that question according to the elements that establish a custodial interrogation. The Supreme Court has established that one is in police custody when he or she is deprived of significant freedoms such as the freedom to leave. A custodial interrogation is when a suspect enters police custody and is subsequently interrogated for the purposes of eliciting an incriminating response.

Your Miranda Rights must be read to you when an officer conducts a “custodial interrogation” on you. When Are My Miranda Rights Supposed to be Read to Me in Florida? This practice was created to maintain the notion that a defendant is “innocent until proven guilty” because the burden of proof rests on the shoulders of the prosecutors in the United States. Additionally, prosecutors cannot use your silence as evidence of guilt in a trial. The outcome of this court case established the principle that a police officer must read you your rights prior to interrogating you while in custody. The elements that form your Miranda Rights have existed since the inception of the American government, but the practice of a policeman or woman reading you your rights prior to an arrest or interrogation originates from a Supreme Court case called Miranda v. Have an attorney present to represent you during an interrogation.Remain silent when being questioned by law enforcement.As a result, Miranda Rights ensures your right to: These rights exist because the American Constitution protects you from verbally incriminating yourself when under investigation. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” If you cannot afford an attorney, one will be provided for you. Anything you say can and will be used against you in a court of law. A Miranda Warning will sound like the following or a close variation:

You have probably heard some version of a Miranda Warning on TV, a movie, or from an actual officer. Your Miranda Rights refer to your constitutional protection against self-incrimination.