23rd Feb 2015
If you have been arrested, knowing your rights can make a significant difference in your case. Two vital constitutional rights to be aware of are;
1) The right to remain silent and
2) The right to be counseled by and retain an attorney.
It is absolutely essential to assert and utilize both of these solemn rights if confronted by law enforcement or investigators. Do not say anything without first consulting with your Miami-Dade criminal defense attorney.
Theoretically, the investigating officer is supposed to provide you your rights prior to an attempt to question you. If an accused provides a statement but that statement is a result of unconstitutional and oppressive behavior like trickery, intimation, duress or even force, then that statement may be able to be challenged and removed/thrown out of the case through a “Motion to Suppress” that unconstitutionally derived statement. This is most effectively done by hiring a highly experienced Miami-Dade criminal defense attorney.
Sometimes an accused may think they are helping themselves by cooperating with the police but it must be recognized that the officer’s priority is in the development of their own case and not necessarily in the accused’s best interests. Police officers are specifically trained on how to solicit confessions. No person accused or under investigation should ever speak to the police without first consulting with a highly skilled and experienced criminal defense attorney.