Under both the Florida Constitution and the Constitution of the United States, in a criminal matter, a person may not be compelled to testify as a witness against himself in a criminal interrogation or prosecution.

If you have been charged with a crime, prior to any interrogation or questioning, it is essential that you assert your right to the presence of legal counsel. An experienced St. Petersburg criminal defense attorney can help to ensure that all of your constitutional rights are safeguarded during the pendency of any criminal proceeding

The Contents of a Proper Miranda Warning

A proper Miranda warning must advise the accused of the following:

  • That he or she has the right to remain silent
  • That anything said may be used against him or her in a court of law
  • That he or she has a right to the presence of an attorney prior to any questioning, interrogation, or investigation
  • That if he or she cannot afford an attorney, an attorney will be provided by the State

If an officer does not advise the accused of his or her Miranda rights prior to questioning, any evidence improperly obtained may be suppressed at trial. Similarly, if inadmissible evidence is improperly introduced at trial, the criminal defendant must be granted a new trial.

Although a criminal defendant may waive his or her Miranda rights, the wavier must be knowing, intelligent, and voluntary.

Harmless Error Test

Erroneous admissions that were obtained in violation of Miranda are subject to the harmless error test. In other words, the State must prove, beyond a reasonable doubt, that the error in admitting the evidence did not contribute to a guilty verdict.

Contact an Experienced St. Petersburg Criminal Defense Attorney Today to Discuss Your Case

If you have been charged with a crime, it is absolutely essential that you speak with an experienced St. Petersburg criminal defense lawyer prior to answering any questions from police or other investigators. To discuss your case with an attorney, call the Khonsari Law Group today at 727-269-5300 or contact us online.

1 http://www.leg.state.fl.us/statutes/index.cfm?submenu=3

2 https://www.law.cornell.edu/wex/miranda_warning