When you are detained by law enforcement or are arrested in Jacksonville or anywhere in Florida, you have the right to remain silent. Often referred to as your “Miranda Rights”, if an officer is trying to get information out of you, he or she has to read you these rights. They are:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
Your right to remain silent is taken very seriously in the criminal justice system. If you ask for an criminal attorney before or during a police interrogation, the officer must stop all questioning and make an attempt to get you a criminal defense lawyer.
If you have a trial and force the state of Florida to prove the charges against you, the prosecutor cannot make a comment on your right to remain silent. They must not mention your invoking your right because it could impair your right to a fair trial. The due process clause of the Florida Constitution prohibits comments on a defendant’s post-arrest silence regardless of whether the “Miranda” warnings were given.
If you have been arrested in Jacksonville, Clay County, or Nassau County and have questions about your detention, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900 begin_of_the_skype_highlighting (904) 634-0900 end_of_the_skype_highlighting for a free consultation.