Miranda Rights & Drug Charges In Florida

A 2022 survey from the Annenberg Public Policy Center at the University of Pennsylvania reported that less than half of U.S. citizens could name all three branches of their government, while only 40 percent knew that undocumented immigrants have rights under the U.S. Constitution. This unfortunate lack of civic literacy often applies when being arrested, as well – the role of the Miranda warning in drug arrests is often confused and misunderstood. It is crucial you are aware of your rights if you are arrested for drug-related offenses.

Protects Defendants’ Rights

Miranda rights were spelled out after the U.S. Supreme Court case of Miranda v. Arizona (1966). In that case, the court held that information obtained from a suspect under interrogation is inadmissible at trial unless the suspect is clearly informed of their rights – for example, the right to remain silent, among others. While this ruling left room to argue potential loopholes, it has been integral in preserving the rights of suspects against self-incrimination.

The three main rights guaranteed by Miranda are all designed to protect a defendant’s interests before trial – the right to remain silent, the right to have an attorney present, and the overall right to refrain from self-incrimination. It is important to keep in mind that these rights are only guaranteed if a defendant is in custody and/or subject to a ‘custodial interrogation’ – if a suspect freely volunteers information to a law enforcement officer, the warnings will not apply.

Can Be Used As A Defense

If you have been arrested on a drug-related charge in Florida, it is important that you enlist an attorney to protect your rights as quickly as possible. Drug offenses are seen as crimes against society, and as a result, are prosecuted aggressively. While the majority of drug cases in Florida are handled appropriately, it is not unheard of for errors or omissions to happen – though, with the right attorney on your side, you may be able to turn a failure to Mirandize into a defense.

One of the main reasons that Miranda warnings are crucial in drug cases is the fact that under Florida law, any evidence obtained from a “search or seizure or interrogation carried out in violation of constitutional rights.” What this means is that if a defendant is not properly Mirandized before being interrogated, any evidence obtained as a result of that interrogation will be inadmissible.

Contact A West Palm Beach Drug Offenses Attorney

Regardless of what a person has been charged with, their constitutional rights must be honored. If you have been charged with a drug crime and were not read your rights, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can make sure you get your day in court. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

annenbergpublicpolicycenter.org/americans-civics-knowledge-drops-on-first-amendment-and-branches-of-government/