Florida Injury Attorneys Blog
Pulled Over and Arrested in Miami Dade, Broward County, or Palm Beach? Know Your Rights!
If you are pulled over or arrested in the Miami Dade, Broward County, or Palm Beach area- know your rights. Getting pulled over is nerve wracking as many things are going through your head. It is important to stay calm and know your rights. In order for an officer to conduct a traffic stop in South Florida, he/she has to witness the individual committing a traffic violation, witness/observe a vehicle equipment violation, and have reasonable suspicion that the individual is engaging in criminal activity. If you are pulled over for a traffic stop in the South Florida area, you have the right to refuse a search of your vehicle. However, if the officer determines that he/she has probable cause to make an arrest they will likely conduct a search of your vehicle.
If during the traffic stop the officer decides to make an arrest it is because he/she believes there is probable cause to do so. In order for an officer to make an arrest in South Florida he/she has to have probable cause. Probable cause means that there is a substantial probability that a crime has been committed and the person arrested committed it.
If you find yourself arrested in South Florida it is important that you know your rights. If you are detained and/or arrested, the officer should read you what is called the Miranda Warning. A Miranda Warning is given by law enforcement to the accused and advises of the following: his/her right to remain silent ,that anything said can and will be used against them in a Court of law, that the individual has the right to talk to a lawyer and have him/her present with them during any questioning, that the individual has the right to a court appointed attorney if they cannot afford one, and that you, the accused, can decide at any time to exercise your rights and not answer any questions or make any statements.
If detained and/or arrested it is so important to invoke your rights, clearly and unequivocally, to trigger the police to stop questioning you. Arrests are not black and white; law enforcement sometimes fail to properly give the Miranda Warning. If you find yourself in a situation where you are detained and/or arrested, and the police do not give you the Miranda Warning, please choose to exercise your rights. You can do this by immediately advising the officer that you wish to remain silent and have an attorney present. If law enforcement fails to provide you with the Miranda Warning and you make incriminating statements, your attorney will argue that these statements should be excluded as they were obtained in violation of your Constitutional rights.
If you are pulled over and arrested in the South Florida area; Miami-Dade, Broward County, or Palm Beach our criminal defense attorneys are here to help. Attorneys Jo Ann Hoffman & Associates, P.A. offers a free, in person consultation at our office conveniently located in Lauderdale By The Sea, Florida.