Legal Question in Criminal Law in Florida

Your Right to Remain Silent

Your Right to Remain Silent

An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.

A common problem that arises in DUI arrests is when it is clear that you are no longer free to leave, the officer never reads you your rights, and continues to question you about your activities prior to being stopped. This practice is illegal and any incriminating statements gained by an officer during this time can be thrown out by a judge.