Legal Question in Criminal Law in Florida
miranda
My brother just got a copy of his signed Miranda warning from the police department. It is a set of questions, which he had to write yes or no next to and initial. Next to the question that states ''do you waive your rights to an attorney?'' he signed NO. But, he said yes, which is on tape. Which will they hold to him the signed warning or the videotape?
4 Answers from Attorneys
Re: miranda
if the state has a copy of the tape, and your brother made statements, then they will use the tape to show that right was waived. if you need any other questions answered in regards to this matter, feel free to email me anytime. All My Best, Joe Vredevelt
Re: miranda
The card is not really important.
Re: miranda
The card is not really important.
Re: miranda
The fact that he said one thing and wrote another may help to create enough of an issue which could result in the suppression of the statements that he may have made.
Of all the questions on the sheet this was the most important, that is your 6th amendment right to an attorney. Once you invoke this right all questioning must immediately stop until an attorney is provided.
is this a juvenile case? If so his chances of having the statement tossed out are even better.
My office is here in Broward where I previously worked as a prosecutor.
Feel free to give me a ring and we can chat further.
-Leland 954.524.2424
Related Questions & Answers
-
Rape She started getting raped in the Philippines at age 7yrs old. Then once they... Asked 1/27/09, 6:06 pm in United States Florida Criminal Law
-
Police what do you do if the police have repeatly made a mistake on a case. this... Asked 1/27/09, 2:29 pm in United States Florida Criminal Law
-
Withold adjudication/fine &cost what does that mean withold adjudication fine... Asked 1/27/09, 10:35 am in United States Florida Criminal Law
-
Kathleen Fitzgeorge how can we contact our designated public defender name Kathleen... Asked 1/26/09, 10:38 pm in United States Florida Criminal Law
-
DNA testing My Grandson was arrested for an out standing warrant for a traffic... Asked 1/26/09, 2:09 pm in United States Florida Criminal Law