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Miranda Rights in Miami

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About Miranda Rights In Miami

In 1966 in the United States of America took place an important legal case that marked American judicial history forever. The laws regarding the arrests of civilians in the streets changed, making it mandatory for police officers to obey the codes established by the Miranda case.

Miranda Rights History

The Miranda case arose in the 60s, specifically in 1963 when Ernesto Miranda was arrested in Arizona and accused of rape and kidnapping. He was not given the right to speak with an attorney or the right to remain silent when a defense attorney was not present.

He also signed a document which he did not understand, in which he attested to agree with everything he was being accused of. Later when criminal defense attorneys started handling the case, it was clear that Mr. Miranda had been the victim of abuse of the law. He did not understand what he was signing and had not been allowed to speak with an attorney before signing the sentence. It was then that Miranda's lawyers sought to overturn the conviction because it had been an abuse committed by police officers. In 1966 the sentence applied to Miranda was made invalid and from that point on it was legally established throughout the United States that every citizen who is arrested within U.S territory has the right to use the Miranda case in his/her favor.

Miranda Rights Definition

The Miranda Warning is a document by which police officers are governed in the United States at the time of an individual's arrest for a criminal offense. This document informs the accused about his/her rights and obligations and must be read in a language which the person being arrested can fully understand.

What Are The Miranda Rights?

After invalidating all charges made against Mr. Miranda, the United States Supreme Court stated that all individuals on American soil must be informed about the citizen's rights (which are written in the United States Constitution), before being arrested for any crime committed. These rights include:

  • The Fifth Amendment, which provides protection against self-incrimination. Anything said can be used against the defendant, which gives him/her the right to remain silent during the arrest.
  • The Sixth Amendment establishes a person's right to remain silent when an attorney is not present. Individuals have the right to be defended by a criminal defense lawyer, and if they do not have the means of paying an attorney's fees, the government has an obligation to provide a lawyer, free of any cost, who will defend the case.
  • The individual must be read his/her rights before answering any legal questions and this must be done in a language that allows the person to understand perfectly what he/she is being accused of. The Miranda warning should be read at the time of the person's arrest.

Miranda Warning Meaning

Miranda Rights have an important objective for those individuals who are under police custody. These are some of the advantages that Miranda Rights provide to all individuals:

  • Any person arrested on criminal charges has the right to not answer any of the legal questions that the arresting officer makes. The police can sometimes coerce arrestees to say things that they are not certain they have done. However, the Miranda warning offer individuals the option of not answering any of the questions asked under coercion.
  • Individuals can only be interrogated in front of a lawyer, chosen freely by them or by the government. At Gallardo we have some of the best criminal defense lawyers in Miami who can ensure the defendant's security.
  • If the suspect does decide to answer the officer's questions without having a defense lawyer present, they have the option of ending the interrogation at any point they wish.
  • The Miranda case also offers the advantage that the individual has the right to request the police officer to read the Miranda Warning, if the officer has not done so.

Criminal Defense Attorneys In Miami

Many individuals in Miami are accused of committing a criminal offense; it is important for anyone in this situation to keep in mind that despite having actually committed the crime or not, each person is entitled to legal rights. Sometimes police officers forget these rights and abuse their power. It is essential to know the benefits offered by the Miranda Warning law, such as the right to have a criminal defense lawyer represent your case before the judge, since they have the professional knowledge necessary to solve the case.

At Gallardo Law Firm we have a criminal defense lawyers, who are aware of their client's rights and are willing to defend your case at any time you need them because they fully understand the importance of enforcing the law. Many people do not have the correct knowledge of which rights they possess or not within Florida criminal law.

There is no reason for you to face a criminal charge alone when you can have legal representation. Use the rights provided by the Miranda case to your advantage and contact our offices to get a consultation from our criminal defense lawyers. Our lawyers will assist you throughout the process and get the best possible results for your case.

Criminal Defense Video FAQs
FAQS
It is not mandatory to use the Miranda Warning, it is simply a right each person has and can use to his/her advantage. The accused may come to the police station voluntarily and answer any questions about name, address, age, and any other personal data in general without the need for a Miranda Warning. However, if you are being accused and arrested by a law enforcement officer, it is always recommended that you make use of your Miranda Rights.
An arrest is the detainment and physical act of putting under custody of an individual by a law enforcement agent. This does not mean you have been found guilty of a crime. The prosecutor will have to inform you later about whether you are being charged of any crime. Even if the prosecutor decides to charge you with a crime, the charges may be dismissed at the end of the process. Sometimes individuals may face charges, attend a criminal trial, and be acquitted at the end. So you must be clear about the fact that even though you may get arrested, you have not been convicted because you have not been found guilty of the crime at this point. A conviction is when you have been through the court process and been found guilty of a crime. Regardless of the severity of the crime, if you are convicted it will show on your criminal records when a background check is performed. This is regardless of whether or not you spend any time in jail since there are other ways of paying a sentence, such as through fines, voluntary serviceid, and so on.
You should know that it is very important to tell the truth, especially when speaking to your attorney since these conversations are protected. The client is usually an attorney's best resource of information for the case, as he/she will provide the greatest amount and most valuable information.
All those accused of a criminal offense need a lawyer. Even if you are innocent you need to be represented by a lawyer in the criminal process to ensure that your rights are protected. There are cases of innocent people who have gone to jail convicted of a crime they never committed, so the best way to prevent a terrible mistake like this one is to have an attorney who specializes in the criminal area.
They can, but it is illegal. Police officers are required to read the Miranda Warning to individuals who are being arrested.
The Miranda Warning is the benefit offered to any person who is being arrested for any criminal cause, giving them the right to remain silent until a defense attorney is present. If the individual does not have the means necessary to pay an attorney, the state will assign a free public defender. In addition, police officers are required to read the rights in a language that will allow the accused to fully understand what exactly he/she is being accused of and what their rights are.
The Miranda Rights were established in 1966 by the U.S. Supreme Court of Justice.
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