Absolutely not, Tampa defense attorneys are often asked about whether the charges can be dismissed because law enforcement didn’t advise the accused of the charges at the time of arrest. Unlike the majority of questions posed concerning rights and arrest, this answer is simple and direct – no, they are not required to do so. All that being said, many folks first find out what they are being arrested for, when they are booked into the jail.
While law enforcement is required to advise you of your Miranda warnings, if they anticipate asking you any questions and you are in custody, that essentially encompasses all of the issues, they must advise you on. Put more simply, if you are in a custodial interrogation setting, your Miranda warnings should be given. As we discuss elsewhere in our Tampa defense attorney blog, these warning are often called “rights” and have been made famous by television shows, like Law and Order, any of the CSI franchise, etc., but truly are more akin to an advisement or warning. Unlike television and movies, law enforcement officers in real life are more likely to read these warnings from a department issued card, then ad lib it like many law enforcement officers in television and movies. Experienced law enforcement officers understand that words matter, especially with Miranda and interrogation issues, and an experienced Tampa defense attorney will suppress any statements made, if Miranda isn’t applied properly.
If you or someone you know has questions concerning your rights during your arrest, contact the Tampa defense attorneys of Hackworth Law for a free case consultation. We have handled thousands of cases throughout the Tampa Bay area and take pride in our aggressive representation of our clients. If you would like to contact one of our Tampa defense attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate you taking the time to check out our Tampa defense attorney blog and look forward to working with you.