Remain Silent!

Understanding your rights during police questioning is crucial to ensuring fair treatment under the law. Recent rulings by the Florida Supreme Court and the Florida Third District Court of Appeal highlight the complexities surrounding the invocation of the right to remain silent and the right to counsel. Recently, the courts have provided significant clarifications on when and how statements made by a defendant can be deemed admissible in court. These decisions underscore the importance of knowing and asserting your rights effectively to avoid inadvertently compromising your legal position.

HERARD v. STATE,

The Florida Supreme Court stated the Defendant’s statements are admissible against him after stating he does not wish to talk to law enforcement.  When Defendant reinitiates a conversation with law enforcement and validly waives his rights, then his statements are admissible without an attorney. Likewise, when Defendant makes spontaneous statements while being questioned, those statements are admissible against him. 

 STATE v. MYERS,

Defendant waived his right to remain silent and spoke to police.  He then said during the interrogation, “I think I should have a lawyer.”  The Court held Law Enforcement was not required to terminate the interrogation because the Defendant’s statement was not clear and unequivocal invocation of his right to counsel.  Police are not required to terminate an investigation or clarify the suspect’s wishes if the suspect makes only an “ambiguous” or “equivocal” invocation of Miranda rights. 

SIMPLE RULE: DO NOT WAIVE YOUR RIGHT TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING.  DO NOT SAY ANYTHING, EVEN TO YOURSELF.  YOU ARE PROBABLY BEING RECORDED! 

In light of these recent decisions, you need to remember the importance of not waiving your right to have an attorney present during police questioning. The simplest and safest approach is to refrain from making any statements, even if you believe they are innocuous. Always assume that anything you say could be recorded and used against you. If you find yourself in a situation where you are being questioned by law enforcement, contact Fighter Law immediately to ensure your rights are fully protected and you receive the legal counsel you deserve.

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