Legal Question in Criminal Law in Florida

miranda

My brother just got a copy of his signed Miranda warning from the police department. It is a set of questions, which he had to write yes or no next to and initial. Next to the question that states ''do you waive your rights to an attorney?'' he signed NO. But, he said yes, which is on tape. Which will they hold to him the signed warning or the videotape?


Asked on 1/27/09, 7:17 pm

4 Answers from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: miranda

if the state has a copy of the tape, and your brother made statements, then they will use the tape to show that right was waived. if you need any other questions answered in regards to this matter, feel free to email me anytime. All My Best, Joe Vredevelt

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Answered on 1/27/09, 7:22 pm
Valerie Masters Valerie Masters, P.A.

Re: miranda

The card is not really important.

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Answered on 1/27/09, 7:30 pm
Valerie Masters Valerie Masters, P.A.

Re: miranda

The card is not really important.

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Answered on 1/27/09, 7:32 pm
Leland Garvin Garvin Law Firm

Re: miranda

The fact that he said one thing and wrote another may help to create enough of an issue which could result in the suppression of the statements that he may have made.

Of all the questions on the sheet this was the most important, that is your 6th amendment right to an attorney. Once you invoke this right all questioning must immediately stop until an attorney is provided.

is this a juvenile case? If so his chances of having the statement tossed out are even better.

My office is here in Broward where I previously worked as a prosecutor.

Feel free to give me a ring and we can chat further.

-Leland 954.524.2424

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Answered on 1/27/09, 8:14 pm


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