Switch to ADA Accessible Theme
Close Menu
Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > What Are Miranda Rights And How Can Defense Attorneys Help

What Are Miranda Rights And How Can Defense Attorneys Help


Miranda rights are designed to protect your rights and the rights of individuals throughout the United States. Law enforcement must inform individuals of these rights if they are being questioned or are in police custody. Miranda rights protect your Fifth Amendment right against self-incrimination and your Sixth Amendment right to legal counsel.

If you have been arrested in Clearwater, Florida, and have been advised of your Miranda rights, it is important to exercise those rights. For example, remain silent until you have spoken to a Clearwater criminal defense lawyer.

Named After a Landmark Case

After the 1966 landmark Supreme Court case Miranda v. Arizona (1966), Miranda rights were designed.  The case involved a man who was arrested and interrogated by the police but was not advised of his rights. The man’s last name was Miranda and he confessed to the crime, but the Supreme Court ultimately ruled that Miranda’s confession was inadmissible in court because he was not advised of his rights prior to his confession.

The Miranda case did not create new rights for individuals, but it did take steps to further protect individual’s Fifth and Sixth Amendment rights, including the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in a court of law.

If you are arrested in Florida, law enforcement officers are required to advise you of your rights before you can be questioned. If they are not informed of your rights, what you say may be inadmissible.

While individuals are also informed that a lawyer will be appointed to them if they can’t afford their own representation, it is important to know that hiring your own attorney as soon as possible could protect you from rights violations. Then, you will have a Florida law expert working on your case and building your defense right away.

How a Defense Attorneys Can Help

As soon as you hire a Clearwater criminal defense lawyer, they can begin investigating your case. If they are able to pinpoint weaknesses in the prosecution’s case or identify issues with the arrest itself, it may be possible to have the charges against you completely dropped.

There is also the possibility of your defense attorney negotiating with prosecutors to have your charges reduced. For instance, maybe there is a way to obtain an alternative sentencing arrangement and avoid time in jail.

After a Clearwater, Florida, arrest it is important to exercise your Miranda rights, remain calm, stay silent, and contact a defense attorney when you are able to do so. A defense attorney can help protect your rights, research the facts of the case, discuss paths forward with the prosecution team, and represent you in court, if needed.

Was your arrest legal? One of the first things your defense attorney can do is review the details of your arrest and be sure proper protocol was followed. Talk to the legal team at King Law Group in order to have skilled Florida attorneys assessing your case and protecting your rights. Schedule your free consultation today.

Facebook Twitter LinkedIn