When do the police have to read me my rights in Florida?
In Florida, an officer must read you your rights once you are in custody. We watch TV shows all the time. We see as soon as the officer encounters somebody, they read them their rights. Well, that’s not the way the law works out on the streets. Once you’re in a position of custody, in other words, if you’re not free to leave, particularly, if you’re in handcuffs, or restrained in any manner, the officer should read you your rights before they ask you any questions.
Now, if the officer chooses to, they can put you in custody and not ask you any questions at all, and then they don’t have to read you your rights because they’re not asking you questions. It is important at that point for you to remember that even though the officer has read you your rights, you still have the same rights. Don’t speak. Don’t give anything away.
Leave it up to your attorney. Speak to your attorney about it afterwards. An officer’s job is not to determine whether you’re guilty or not guilty. The officer’s job is to make an arrest when they feel they already have probable cause. If you’re in custody, or they’re speaking to you, they probably already believe that they have probable cause, so you don’t need to say anything further. You’re not going to talk your way out of a situation. That’s very unusual. Your best bet is to remain quiet. Talk to your attorney afterwards and let us help you out.