Clearwater Criminal Defense Law Blog

One of the staples of police television shows is the reading of the Miranda warning to an individual who is being arrested. Most Americans can probably recite the Miranda warning by heart, but few truly understand what the Miranda warning actually is and does. The following is a discussion of Miranda rights in Florida and what you need to know if you find yourself being read the Miranda warning by law enforcement.   The rights referred to as Miranda rights are first mentioned in American jurisprudence in the Fifth Amendment, which reads as follows:   “No person shall be held to...

One of the several rights guaranteed to Floridians (and everyone within the jurisdiction of the United States) by the Fourth Amendment to the Constitution is the right to be free of unreasonable searches and seizures by government actors. But what does that really mean? Here’s what you need to know about your right against unreasonable search and seizure in Florida.   The Fourth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. It reads as follows:   “The right of the people to be secure in their persons, houses, papers, and effects, against...

Although many only think of the right to counsel when discussing the Sixth Amendment to the Constitution in Florida, the amendment protects several other rights of accused persons. Among them is the right to confront witnesses who have been called to testify against a defendant in a criminal prosecution.   The roots of the right to confront witnesses are indeed deep. One of the earliest mentions in Western culture of that right is made in the Christian Bible’s book of Acts, which cites Roman governor Porcius Festus as recognizing that a man charged with a capital crime has the right to...

The Sixth Amendment to the Constitution guarantees that those charged with a crime in the jurisdiction of the United States will have the option to be represented by counsel even if they cannot afford to hire an attorney. But what does that really mean in Florida? Let’s look at the rights related to criminal prosecution in Florida and what you need to know if you should ever find yourself in such a prosecution.   The Sixth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. The text of the amendment is as follows:   “In all criminal prosecutions,...