FORT MYERS CRIMINAL DEFENSE ATTORNEY | MIRANDA RIGHTS ATTORNEY FORT MYERS
There are two things that have to be met before the police have to read you your rights in Florida. (1) You have to be in custody, and (2) they have to ask you questions. If you are not in custody but they are asking you questions, they do not have to read you your Miranda rights. If you are in custody but they are not asking you questions, then they do not have to read you your Miranda rights either. Both of those elements have to be met. You have to be in custody and they have to ask you questions. It’s not enough that they arrested you, and put you in the back of the patrol car, and drove you to the police station. It is perfectly fine for them to do so, and it is legal as long as they do not ask you any questions. Please do not volunteer any answers to the police.