If you enjoy “Law and Order” or other police dramas on television, the chances are you’ve heard the words: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” This statement is known commonly as a Miranda warning (because it originated from a U.S. Supreme Court ruling in the case of Miranda v. Arizona). In real life, the issue of a criminal suspect’s receipt of a Miranda warning can be a very important part of the case. An experienced Florida sex crime attorney can help analyze your case and determine if your rights have been violated and what that can mean for you.
One recent Tampa Bay area case in which the Miranda warning was critical was a case of the alleged molestation of a young girl. The girl told her father that her former stepfather had sexually assaulted her multiple times at a home in Palm Harbor when she was nine years old. Law enforcement in Pinellas County brought in the alleged abuser for an interview.
A detective began the interview by giving the man his Miranda warning. He went through each element of the warning, and the suspect said he understood every part. However, the man also observed, “I can’t afford a lawyer anyhow.” Without doing any more inquiry regarding whether the man understood that he was entitled to have an attorney provided to him at no cost if he wanted, the detective simply went forward with the questioning.