In any criminal case involving a “confession”, a Jacksonville Criminal Defense Lawyer should first evaluate why and how the police interrogated their client. “Miranda Rights” came from a criminal case out of Arizona. In order to make sure confessions are voluntary, the police have to read the rights if they are questioning someone who is in custody.
The first analysis involves whether or not someone is in custody. The court must look to the totality of the circumstances as to whether or not a reasonable person would feel that his or her freedom of movement was restricted. To determine whether someone was in custody, the court has to determine whether there was a formal arrest or restraint on freedom of movement. The factors to look at are:
1. the way the police summoned the suspect for questioning.
2. the place and manner of the questioning.
3. the extent to which the suspect is confronted with evidence of his or her guilt.
4. whether the suspect is told that he or she is free to leave the place of questioning.
After the court determines the suspect was in custody, the next thing to determine is whether or not the suspect is adequately warned of his or her rights. If the suspect indicates in any way that he or she does not want to be questioned, the interrogation should not start or if it has begun, it should immediately stop. If the suspect states, in any way, that he or she wants the help of a Jacksonville Criminal Attorney, the police should stop the interrogation until a lawyer is present. Once a suspect requests a Florida Criminal Lawyer, the police can’t begin questioning or reinitiate questioning until a criminal attorney is present.