What if the police did not read me my rights?

Law enforcement officers frequently seek to question or interrogate the person they are investigating. Both the Florida and the United States Constitutions prohibit a person from being compelled to be a witness against themselves. This means, that when dealing with a law enforcement officer, every person has the right to remain silent. Further, a person who is to be questioned by law enforcement has the right to consult with an attorney both prior to and during questioning. It is important to know that anything a person says to law enforcement may be used against that person to prosecute them in a court of law.

Our attorneys are often asked by clients if law enforcement officers violated their constitutional rights by not "reading them their rights." It is important to know that law enforcement officers are not required to advise a person of their rights, such as their right to remain silent, in every situation. Rather, a law enforcement officer must advise a person of their rights only if they are going to conduct custodial interrogation. Custodial interrogation occurs only when a person is being questioned at a time when their freedom of movement has been restrained to that degree associated with formal arrest. Thus, if a law enforcement officer has stopped someone for a routine traffic infraction, such as speeding, the law enforcement officer usually is not required to advise the person of their rights before questioning them. That is because, although the person is not free to leave, his or her freedom of movement has not been restrained to that degree associated with formal arrest. However, if, for example, a person has been placed under arrest, put in handcuffs and is being questioned at a police station, then the law enforcement officer would be required to advise the person of their rights because that would constitute custodial interrogation.

Many people do not know that they have a right not to answer a law enforcement officer's questions. If they do know they have the right to remain silent, many people choose to answer questions anyway. Often, that is because the person believes that he or she has not committed a crime and, therefore, has nothing to hide. Such thinking, however, often leads to the person unknowingly making incriminating statements. First, many people do not realize that their conduct may have violated a criminal law. Second, people often do not know that the seemingly innocent statements they are making may actually help law enforcement to prove the case against them. For example, in denying that a crime occurred, a person may inadvertently reveal to the law enforcement officer questioning them the fact that they were present at the location where the crime occurred during the timeframe in which the crime was allegedly committed. By providing that information, the person has unwittingly established that he or she had the opportunity to commit the crime.

Our attorneys' backgrounds in law enforcement and/or as prosecutors provide us with the experience necessary to determine whether or not it is or is not in a person's best interests to answer questions by law enforcement officials. If law enforcement officials seek to question you, contact our team for a FREE CONSULTATION before you answer any questions so that we may provide you with advice based upon your unique circumstances.