If you were arrested in Jacksonville, you were taken into custody by Florida police officers. When it comes to Florida criminal law, “taken into custody” does not always mean that the Florida police officer handcuffed you and told you that you were under arrest in Jacksonville. You are in custody in Florida if you are not free to leave. It is important to determine when you were arrested in Jacksonville or “taken into custody” for the purpose of Miranda Warnings. If Florida police believe that you have committed a crime in Jacksonville, the police officers will often ask you questions about the Jacksonville crime. If you are under arrest or not free to leave, the Jacksonville Sheriff’s office is required to read your rights to you before asking questions about the Florida crime. When a police officer or detective reads your rights in Jacksonville, this is known as reading your Miranda rights or giving the Miranda warnings.
As a Jacksonville criminal defense lawyer, I go through a Jacksonville criminal case to make sure a Florida criminal defendant’s rights were read if there was any police detention, questioning, interrogation, or confessions involved. I want to look into whether a person rights were violated in a Florida if the police did not read Miranda warnings. It does not matter if the case is a Jacksonville burglary or a Jacksonville domestic battery case. If Florida police officers want to question you and are detaining you, they must read your rights in compliance with Miranda.
Miranda is a United States Supreme Court Case that requires that police officers in Jacksonville, Florida and all over the country, read a person’s his or her rights before asking questions about a criminal investigation. The right against self incrimination is set forth in the 5th Amendment of the U.S. Constitution. The 5th Amendment is applied to all the states, including Florida, through the 14th Amendment. You also have the right to an attorney or lawyer under the 6th Amendment. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court of the United States ruled that the Fifth Amendment’s privilege against self-incrimination required police to inform a criminal defendant of the following constitutional rights:
- the right to remain silent;
- anything that the defendant says can be used against him;
- the right to the presence of an attorney; and
- if the defendant cannot afford an attorney, one will be provided to him.
If you have been arrested or question in Jacksonville, Miranda warnings must be given before the Jacksonville Sheriff’s Office’s interrogation. For Miranda rights to apply in Jacksonville criminal cases, the interrogation must be a result of government conduct. The usual scenario for “government conduct” in Florida criminal investigation is a Jacksonville police officer or detective is doing the questioning and trying to get a confession to a Jacksonville crime. Also, the Jacksonville Criminal Defendant must be in police custody.
If you were arrested after being questioned by the Jacksonville Sheriff’s Office, contact a Jacksonville Criminal Defense Attorney. Even if you confessed to a crime in Florida, a Jacksonville criminal lawyer may find out that your rights were violated during the investigation of the Jacksonville crime. This could result in the judge throwing out the confession in Duval, Clay, Nassau, or St. Johns County.
For example, imagine that you were arrested for Jacksonville burglary. The Florida burglary detective questions you about the Jacksonville burglary, and you confess. If the Florida burglary detective did not read your rights by giving Miranda warnings, the confession violated your Miranda rights. In court in Duval, Clay, Nassau, or St. Johns County, your Jacksonville burglary lawyer can file a motion to suppress the confession and have a hearing in court showing why the confession should not be used as evidence in the Jacksonville burglary case.