Is a Miranda Waiver Valid Without a Signed Form in Florida?

July 8, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

When law enforcement takes a suspect into custody in Florida and wishes to interrogate them, they must first notify the suspect of their Miranda rights. Under the U.S. Supreme Court’s decision in Miranda v. Arizona, officers must advise them of the following:

• Their right to remain silent 
• The fact that anything they say can and will be used against them in court
• Their right to an attorney, including the right to have an attorney during police questioning

In some cases, officers may only give a suspect a spoken Miranda warning. In other cases, officers may give a suspect both a written and spoken warning. For someone to waive their Miranda rights (agreeing to speak with law enforcement without an attorney), they must do so knowingly, intelligently, and voluntarily. Miranda v. Arizona, 384 U.S. 436, 479 (1966)

But is verbally informing a suspect of their Miranda rights, without obtaining a signed waiver, sufficient to establish the waiver was knowing, intelligent, and voluntary? The answer is usually yes… but not always. This blog will discuss what Florida’s courts have said about this important constitutional issue.

In Florida, a Miranda waiver must be the product of free and deliberate choice rather than intimidation, coercion, or deception. It also must be made with a full awareness of both the nature of the rights being abandoned and the consequences of the decision to abandon it. If this does not occur, the waiver is invalid. State v. Herrera, 201 So.3d 192 (Fla 2d. DCA 2016). 

If a waiver is found to be invalid, the State may not use any statements from a suspect during the police interrogation as substantive evidence at that suspect’s criminal trial. In determining the validity of a Miranda waiver, courts will evaluate the totality of the circumstances surrounding the waiver. Waterman v. State, 255 So.3d 980 (Fla. 2d. DCA 2018)

According to the Florida Second District Court of Appeal’s Benitez decision, the primary factors courts must consider in determining whether a suspect knowingly, intelligently, and voluntarily waived their rights include:

• The manner in which the Miranda rights were administered, including whether cajoling or trickery was used by law enforcement to obtain the waiver that allowed them to begin interrogating the suspect
• The suspect’s age, intelligence, background and experience (particularly their experience in the criminal justice system)
• If a juvenile, whether the suspect’s parents were contacted and given an opportunity to speak with them before the interrogation and/or decision to waive their rights
• The location and conditions of the interrogation (such as at a police station)
• Whether police obtained a written waiver of a suspect’s rights

Florida’s courts have held that the absence of a written and signed Miranda form explaining a suspect’s rights does not automatically render a waiver invalid. But courts have been equally clear that because the analysis of a Miranda waiver’s validity is based on the totality of the circumstances, the absence of a written and signed Miranda form may be the deciding factor in whether a post-Miranda confession is admissible in court. Randall v. State, 691 So.2d 573 (Fla. 5th DCA 1997)

In Randall v. State, Florida’s Fifth District Court of Appeal acknowledged this explicitly. Though the court lamented the lack of a written form notifying Randall of his Miranda rights, Randall said he understood his rights after officers provided him an oral (spoken) warning.

Randall also demonstrated familiarity with the criminal justice system, as he had been prosecuted twice previously. As a result, the Fifth DCA upheld the admission of Randall’s confession at trial despite the fact that he never signed a physical form waiving his Miranda rights. 

In State v. Roman, the Third District Court of Appeal similarly affirmed a preference for written waivers – and the fact that the lack of one weighs in favor of suppressing a suspect’s statements. Unlike in Randall, Roman did involve the signing of a written form – leading the court to uphold the validity of the waiver and the admission of Roman’s confession. State v. Roman, 983 So.2d 731 (Fla. 3d. DCA 2008)

In other cases, Florida’s courts have reversed verdicts partially on the grounds that no written Miranda form was provided to a suspect before they confessed, and the confession was later used against that suspect in court. Ramirez v. State, 739 So.2d 568 (Fla. 1999)

In Ramirez, a juvenile (Ramirez) was arrested and charged with first-degree murder. Police delayed reading Ramirez his Miranda rights. When they finally did notify Ramirez of his rights, he was not given a written form to examine and his parents were not contacted. Officers also made what the Florida Supreme Court characterized as a “concerted effort” to “downplay and minimize” Ramirez’s rights, leading him to waive them.

Because of this, the Florida Supreme Court reversed the trial court’s verdict, holding Ramirez’s Miranda waiver was invalid. The totality of the circumstances – including the fact that Ramirez was never presented with a physical form listing his rights – indicated that his waiver was not knowing, intelligent and voluntary. Id.

If the validity of a Miranda waiver is challenged by the defense, the State bears the burden of proving by the preponderance (majority) of the evidence that a suspect waived their rights knowingly, intelligently and voluntarily. State v. Herrera, 201 So.3d 192 (Fla 2d. DCA 2016). 

Courts have recognized this burden is particularly heavy in cases involving juveniles or those with limited experience in the justice system, and have consistently emphasized that officers must not mislead or coerce suspects into waiving their rights. Such coercion or misleading is made easier by the absence of a physical form that clearly states the suspect’s rights. Ramirez v. State, 739 So.2d 568 (Fla. 1999)

In sum, a physical, signed form indicating a suspect waived their Miranda rights before speaking with law enforcement is not required for a Miranda waiver to be considered valid. However, if there is evidence of coercion or other impropriety by law enforcement, the absence of a physical form may lead to a ruling that the suspect’s waiver was invalid. 

This is because the evaluation of whether a suspect properly waived their Miranda rights is based on the totality of the circumstances surrounding the waiver. These circumstances include the age, intelligence and background of the suspect, the location and conditions of the interrogation, the presence (or absence) of coercion or trickery, and the presence (or absence) of a written waiver. 

If someone is arrested and formally charged in Florida in a case involving a Miranda waiver that was not knowing, intelligent, or voluntary, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

  Social Share