One of the most commonly known cases is Miranda vs. Arizona, which gave life to what is now known as the “Miranda Rights”. In South Florida and in all its jurisdictions such as Miami, Palm Beach and Fort Lauderdale, many motions to suppress are brought into court to argue that the police didn’t advise the defendant of his Miranda rights.
Our Miranda rights are the rights the police are supposed to read to an individual whenever he or she puts the person under arrest. There are controversies about whether the person was actually under arrest or not to determine that he or she wasn’t “mirandized”.
The Miranda rights argument is often used to suppress testimonies or statements made by the defendant at the time he was arrested. Cases go on and on about whether the person gave the testimony voluntarily or if it was the product of an interrogation.
If the individual was under arrest and as a product of an interrogation there was an incriminating statement made by him, he can move the court to eliminate such statement if the police did not advise him of his Miranda rights before they started to ask questions.
If you think you made statements without knowing your constitutional rights, call an experienced criminal defense attorney in South Florida.