Legal Question in Constitutional Law in Florida

Re: miranda rightd

The lack of a Miranda warning does not invalidate an arrest. It merely prevents the prosecutor from using certain evidence against the defendant. Specifically, any statements the defendant makes in response to police questioning while in custody cannot be used unless the defendant had been given his Miranda warnings. The prosecution would also be barred from using any other evidence it obtains as a result of the Miranda violation unless it can show that the evidence would inevitably have been discovered anyway.

If there is other evidence, that evidence can be used at the defendant's trial. In your case, there is at least one pieve of such evidence -- your statement to your employer. (There is probably other evidence as well, since *something* must have caused your employer to be suspicious in the first place.)

You don't say whether you made any incriminating statements to the police or under what circumstances. I therefore don't know whether the police actually violated Miranda in your case. But I see no reason why the prosecutor can't go after you.

Making a statement before you are arrested does not strip you of your Miranda rights, but remember that those rights don't kick in until you are in custody. Also, they only apply to statements made in response to police questioning and not statements made to private parties.

If you told your employer you committed the theft (technically this is an admission and not a confession), that statement can be used against you.