Charged With A Crime? We're Ready To Fight.
What Happens If I Wasn’t Read My Rights in an Arrest?
Every United States citizen must be read their rights if they are arrested. These rights are part of the protection afforded to us by the U.S. Constitution and Bill of Rights. When someone is arrested they must be informed of these rights by a member of law enforcement at the time they are being arrested. These rights are commonly referred to as the “Miranda Rights”.
What are My Miranda Rights?
Miranda Rights are the basic rights that must be provided to those who are being placed under arrest. These include several important points including:
- You have the right to remain silent
- Anything you say can be used against you in a court of law
- You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
- You may stop talking at any time
The rights are meant to protect you during and after an arrest. It is important to note that even if the police failed to read you the rights, you are still protected by them and can exercise your rights at any time.
Failure to Be Read Your Rights
Police must read you your rights at the time of arrest. Failure to do so, however, doesn’t mean that the entire case will be thrown out. If you weren’t read your rights, anything that directly applies to your rights may not be permissibly used against you in the case. But it is important to keep in mind that other evidence that the police have will still be able to be used against you, as long as it was garnered legally.
Talk to Your Attorney
If you were arrested and your rights were not read, be sure to let your attorney know as soon as possible. This can alter the way the entire case proceeds. Your lawyer will review your situation to determine exactly how this error impacts your case. If the evidence against you is weak, the charges against you may be reduced or dropped completely. Every case is different so it’s necessary for your lawyer to have all the facts in order to determine the best defense.
Decades of Trusted Service. Hundreds of Grateful Voices.
-
“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
-
“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
-
“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
-
Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
-
Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
-
High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
-
Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
-
Always Responsive
Our team is available to take your call and address any questions or concerns you have.
-
Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
-
DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
-
Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
-
All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
-
All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
