Legal Question in Criminal Law in Florida

Throwing Your Statements Out

Throwing Your Statements Out

One of the most well known Miranda Warnings states: "Anything you say can be used against you in a court of law." However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking.

Nevertheless, if you do say something incriminating to law enforcement, I may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida's accident report privilege.