Florida Criminal Defense Attorney on Recent Supreme Court Blow to Miranda Rights
If you are arrested by the police under Florida law, you are protected by certain rights including the rights to receive a Miranda warning which includes advisements of your right against self-incrimination and the right to be represented by an attorney. Two recent Supreme Court Cases, including a Florida case, have dealt a major blow to these rights. The two Supreme Court Decisions are Maryland v. Shatzer and Florida v. Powell. According to Florida Criminal Defense Lawyer John Musca, the impact of these cases make it more important than ever that you immediately seek the advice of a Florida criminal lawyer and know your rights if you are arrested for a violation of Florida law.
The U.S. Supreme Court has ruled that a confession or other incriminating statements are admissible even after you have invoked your Fifth Amendment Right to Remain Silent or Sixth Amendment Right to a Lawyer where questioning is re-initiated after a 14 day period of time. The court ruled in Florida v. Powell that re-wording the Miranda warning to omit the right to an attorney and to have him present during questioning was not a constitutional violation.
Citizens often hurt their case by making ill-advised statements because they do not have legal counsel or are afraid to refuse to answer the officer's questions, said Musca. "If you are accused of a crime, do not speak to the police. It is highly unlikely you will help your case by speaking to the officer during an interrogation," explains Musca. "On the other hand, it is very common that people make their situation much worse by trying to handle interrogations without the assistance of a criminal attorney."
Musca Law provides the highest quality criminal litigation services to the residents of Florida. Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases in both State and Federal courts throughout Florida. These cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.
