Legal Question in Criminal Law in Florida

Is it legal to arrest someone without the defendant ever getting to give their statement or reading them their rights?

Asked on 5/30/20, 5:51 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

Yes it is. Reading a defendant their rights, referred to as Miranda rights, informs a defendant of his or her right to remain silent and right to counsel. The obligation for the police to read a defendant their rights only applies during a custodial interrogation. In other words, the police don’t have to read someone their rights when they get arrested unless the police try to question them too. As such, the police don’t have to give you a chance to explain your side or give a statement. More to the point, you have the right to remain silent and you should probably exercise it. Very few ever convince an officer that they’re innocent, and anything you say will be used against you. You can discuss with your lawyer your side of things and they can evaluate the best way to utilize that information in your defense. Obviously if you were arrested you should hire a lawyer as soon as possible.

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Answered on 5/30/20, 8:42 pm

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