Unlawful Interrogation

You do not have to answer questions from law enforcement (other than properly identifying yourself in certain circumstances like during arrests and traffic stops). Never discuss potentially incriminating subjects with law enforcement without an attorney. They are gathering information to use against you, including any lies you tell them. Lies to law enforcement are often used in court to show “consciousness of guilt.”

Your statements to law enforcement may be thrown out of court if:

You were in custody (not free to leave) at the time of the statement
The officer was asking you incriminating questions (spontaneous statements are still admissible!)
You were not properly read your rights before those questions

Miranda Rights: It’s all about your statements….

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 consult an attorney before SPEAKING to the police and to have an attorney present during QUESTIONING.
If you cannot afford an attorney, one will be appointed for you before any QUESTIONING if you wish.
If you decide to ANSWER QUESTIONS now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Evidence used in court must have been obtained by lawful means. If law enforcement violated Florida Statutes, the Florida Constitution, or the Federal Constitution to get that evidence, a “Motion to Suppress” properly filed and argued in court may result in throwing that evidence out. If enough evidence is thrown out, the case may even be dismissed. You have a right to be free from unlawful search and seizure.

If you’re facing any charges, contact Blaine today to discuss your case.