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Miranda Rights

We’ve all heard that term from television, ” Miranda warnings” What does that mean? I advise client’s when they say it will and can be used against you, they mean what they say. Also, often times clients mention this that their Miranda warning wasn’t read to them as if failure to do so would make the arrest illegal. Miranda warnings are required when you are questioned in “custody” The meaning of custody is not always clear. Recently a murder conviction was reversed for failure to give Miranda warnings to a suspect who was then questioned. The test to determine custody is whether a reasonable person placed in the same position would believe that his or her freedom of action was curtailed to a degree associated with actual arrest. Courts should consider four factors; 1) the manner in which the police summon the suspect for questioning; 2) the purpose, place, and manner of the interrogation; 3) the intent to which the suspect is confronted with evidence of his/her guilt; and 4) whether the suspect is informed they are free to leave. Suffice to say, if you’re being questioned or about to be questioned by the police call a lawyer. Lavely & Whyte are available 24 hours a day 7 days a week. Call us @ 941 747-7994 or (877) EXPERTS (877) 397-3787.