Miranda Rights

Know Your Rights and Hire a Lawyer to Protect Them

Many people who get arrested call me after they get out of jail to let me know that the police arrested them without reading them their Miranda rights. Contrary to what we see on television shows and movies, the police are not required to read you your Miranda rights when they arrest you. In fact, the only time you must be “Mirandized” is when the police take you into custody and ask you questions. The key phrase to remember is “custodial interrogation.” Therefore, to determine whether the police violated your constitutional rights under Miranda there is a two-step process.

First, were you in police custody? The case law in Florida defines custody as whether or not a reasonable person in your situation would feel free to leave. It is an objective standard. So even if you (subjectively) felt like you were not free to leave, the analysis does not end there. The standard is how a reasonable person would feel (objectively) in that situation. That’s the first part of the analysis.

Second, were you in interrogated? If the police are simply arresting you (thus taking you into “custody”) without interrogating (that is, asking you questions), they are not required to read you your Miranda rights.