Legal Question in Criminal Law in Florida

My daughter is being held in the Duval County jail for selling cocaine. She told me that they didn't read her rights to her at the time of her arrest. She was brought in front of a judge on Friday & was not allowed to speak. She was given a piece of paper with the name of the Public Defender. She was told she would not be allowed to speak to an attorney till after she goes to court on August 13th & she would have to pay $50 to speak to him. Is any of this legal? How can they hold someone that long & not let them have legal counsel and on top of that charge a fee. She doesn't have any money. Doesn't she have the right to speak to an attorney anyway? Also, I am keeping her children & no one has contacted me about their welfare or even to inform me of the arrest. I had to find it on line, myself. Shouldn't I have been contacted?


Asked on 7/23/12, 9:39 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

This is, for the most part, legal. The police do not have to read a person their rights when they are arrested. The police only have to read their rights (Miranda) when they are attempting to elicit information from a person in their custody, on in legal terms, when the police conduct a custodial interrogation. As long as the police weren't interrogating her then they do not need to read her rights.

As far as not being allowed to speak at her first appearance, that is also legal and a good idea. Judges (or public defenders) will often tell a defendant to not speak. The very good reason for this is that she has a right to remain silent but everything she says in court is being recorded and can be used against her. No one knows what she is going to say until she says it and by then the damage would be done. The case might be a bad case for the State but if she says the wrong thing then it could become a bad case for her.

In Florida, there is an application fee for the Public Defender. Generally, the PD will still talk to their client even if they haven't paid the fee. However, regardless of the payment the PD will not necessarily be available to speak to their client, which is why they would wait until after the 13th. Likewise, there may not be anything (in their mind) to talk about at this early stage. She has the right to consult with an attorney but not necessarily on their schedule.

There is no requirement that you be contacted if your daughter is an adult.

She may not be able to afford an attorney but I highly recommend that you, if possible, hire an attorney for her. There are many good PD's out there but they have such huge case loads that it makes it very difficult for them to provide personal service and attention to each individual.

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Answered on 7/23/12, 11:43 am


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