Miranda Rights Violations in Tampa, FL
Tampa Criminal Defense Attorney
Important rights guaranteed by the Bill of Rights are the right against self-incrimination and the right to an attorney. In 1966, the U.S. Supreme Court broadened those Constitutional rights by requiring that the police give the famous Miranda warning to suspects in custody before interrogating them. When police neglect to give the Miranda warning, statements made by the suspect cannot typically be used against him or her in Court.
There are, however, some very narrow exceptions to this general principle which you should be aware of if you are testifying in your own defense in a trial or other legal proceeding. For guidance on whether your confession to law enforcement may be suppressed due to Miranda rights violations, contact a criminal defense lawyer in Tampa.
Know Your Fifth Amendment Rights
The police are required by the U.S. Supreme Court to inform a suspect in custody that he or she:
- Has a right to remain silent.
- Has a right to be represented by an attorney.
- Has a right to consult an attorney before and during questioning.
- Will have an attorney appointed on their behalf if they cannot afford one.
If you are not warned of your Miranda rights before questioning, the confession is not valid and can be suppressed on motion from your attorney. If you are warned and originally waive the rights but then change your mind and announce that you need an attorney, the police must stop questioning and accommodate you.
Were your rights violated in Tampa?
At The Law Office of Timothy Hessinger we represent persons charged with crimes in the Tampa area. Attorney Hessinger is a former prosecutor who knows how the criminal process works and what it takes to defend Miranda rights. He was the 2004 Prosecutor of the Year, and left the state's attorney office in 2005 to open his own criminal defense practice. Our team vigilantly protects clients' Miranda rights and, where violations occur, demand that confessions be suppressed. If you are concerned about Miranda violations, you are urged to contact a criminal defense attorney at our firm as soon as possible to discuss your case.