Legal Question in Criminal Law in Florida

Arrest...Or...Illegal Seizure

My fiance, his cousin, and I got pulled over on April 21 2007 because our car fit the description of one that was involved in a previous robbery that night. When I pulled over we were held at gun point, immediatly put in handcuffs, then escorted into differnet police units. We all went to jail, but I got ROR'ed on May 24th ( my 33rd day) My Fiance and his cousin are still in jail....Now in the police report the suspects said that whoever robbed them were masked,but at the scene (where we got pulled over at) none of us were masked. When the suspects were brought to make a visual verification the ''positively'' said it was my fiance and his cousin....Where do you think the case would go from here??

I mean they're still locked up, and here it is Oct 27, 2007.

Aren't the police suposed to read you your miranda rights before or at the time of arrest, before detaining you?? Can the police detain a cooperative person before charging them?


Asked on 10/28/07, 3:40 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Arrest...Or...Illegal Seizure

No the police do not have to read Miranda, thats only on TV. They need good lawyers.

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Answered on 10/28/07, 4:17 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Arrest...Or...Illegal Seizure

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is impossible for any attorney to tell you how the case will go without knowing the evidence against each of you or more facts about the case. Obviously, the police and state attorney's office strongly believe that your cousin and fiance are involved in this crime based on the length of time they are being held. Miranda rights have nothing to do with being arrested. They simply must be read before an individual is questioned or else anything gained will not be admissable at trial. Police can certainly detain a cooperative person if they believe they were involved in a crime.

It seems apparent that your fiance and cousin need to retain a good attorney to represent each of them at trial. This is a serious matter.

Scott R. Jay, Esq.

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Answered on 10/28/07, 5:14 pm


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