Florida Court Throws Out Confession Due to Miranda Rights Violation

Were you arrested in Jacksonville?  Did the police read your rights?  If you were arrested in Jacksonville, the Florida police officer probably read your rights to you.  If not, you may have a constitutional rights violation due to the fact that the Florida police officer did not read your rights in Florida.  Normally, when you are being handcuffed and arrested for a Jacksonville crime, the police will read your Miranda warnings. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court of the United States ruled that police officers must inform you that you have certain rights.  For example, a Jacksonville police officer usually will tell a person: you have the right to remain silent; anything you say can be used against you in a court of law; you the right to the presence of an attorney before and during questioning; if you cannot afford an attorney, one will be provided to you.  If a Florida police officer has you in custody, but does not read your rights as Miranda warnings, anything that you say in response to the Jacksonville police interrogation about the Jacksonville criminal charge should not be used against you.  Remember, there are always exceptions to the rule.  In fact, Florida criminal cases have been overturned, because Florida police officers violated a Florida criminal defendant’s rights by not reading his Miranda warnings.

For example, on May 27, 2010, the Florida Supreme Court overturned Blaine Ross’ murder conviction and remanded it back to the lower court in Florida for a new trial.  In Ross v. Florida, Mr. Ross was sentenced to death after a jury convicted of murdering his parents.  As part of the evidence used against Ross in in Florida trial, the Florida prosecutors entered Ross’ confession into evidence and submitted this to the jury.  The Florida detectives investigating the Florida murder case questioned Ross and obtained this Florida confession through a police interrogation.  The Florida detectives did not read Ross his Miranda rights as required in Florida, until later in the interrogation. This Florida Police Department’s actions arose to improper police conduct, which resulted in an involuntary confession in this Florida murder case. Therefore, the confession should not have been admitted into evidence in the Florida jury trial, because it violated Miranda rights in Florida.

For instance, imagine that the Jacksonville Sheriff’s Office comes to your house because of possible Jacksonville domestic violence.  As part of the Jacksonville domestic violence investigation, the Florida police officer puts you in the back of a police car.  The doors are locked and your are not free to leave.  You are in the custody of the Jacksonville Sheriff’s Office.  The Florida police officer sits down in the front seat of the police car and starts to ask you questions about the alleged Jacksonville domestic battery.  He does not read your rights to you or give you Miranda warnings.  He does not tell you that a Jacksonville domestic violence lawyer or Jacksonville domestic battery lawyer can be there when you are being questioned.  You tell the Florida police officer that you did place your hands on your spouse, and you are arrested for Jacksonville domestic battery.  It is unfair and unconstitutional to use that confession against you in your Jacksonville domestic battery trial.  Your rights were violated in Jacksonville, Florida.

This shows why a Jacksonville criminal lawyer should make sure that Florida police gave proper Miranda warnings in a criminal case involving a confession. If you have been arrested in Jacksonville or police are asking you questions about a crime in Jacksonville, call a Jacksonville criminal defense lawyer for help.  A Jacksonville Florida Attorney at 20 Miles Law may be able to help you.

To read more about Blaine Ross, visit Bradenton.com.

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