Miranda Rights in Florida: 12 FAQs Answered By Defense Attorney

September 10, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida and throughout the United States, notifying someone of their Miranda rights when necessary is a key part of a case. Though many have heard about their “Miranda rights,” there are key aspects of Miranda that are often misunderstood. This article will answer frequently asked questions about Miranda rights in Florida. 

#1 – What are my Miranda rights in Florida? 

In Florida and in all 50 U.S. states, law enforcement must inform someone of all of the following when necessary:

• They have the right to remain silent 
• Anything they say can and will be used against them in a court of law
• They have the right to an attorney, including during police questioning 
• If they cannot afford an attorney, one will be provided for them

#2 – When must law enforcement notify someone of their Miranda rights?

Law enforcement must notify someone of their Miranda rights if they are taken into custody, and before police engage in interrogation or its “functional equivalent” with a suspect. Though it is often believed that every time police arrest or detain someone that Miranda must be read, this is not true – as long as interrogation does not take place.

#3 – What do “custody” and “interrogation” mean for Miranda purposes?

Florida courts use four factors to evaluate whether someone is in custody and being interrogated for purposes of requiring a Miranda reading (State v. Pitts, 936 So.2d 1111 (Fla. 2d. DCA 2006)): 

• The manner in which law enforcement officers summon the suspect for questioning 
• The purpose, place, and manner of the interrogation 
• The extent to which the suspect is confronted with evidence of their guilt 
• Whether the suspect is informed that they are free to leave

Someone is considered “in custody” when a reasonable person in their situation would not feel free to leave. Wilson v. State, 242 So.3d 484 (Fla. 2d. DCA 2018). Interrogation is any actual questioning or its functional equivalent that law enforcement should know is reasonably likely to elicit an incriminating response from a suspect. Timmons v. State, 961 So.2d 378 (Fla. 4th DCA 2007)

Examples of the “functional equivalent” of interrogation (even without direct questioning) may include: 

• An officer pushes a photo of the crime scene across the table and says, “This is where we found the weapon. You know what this means.” 
• An officer shakes their head slowly and says, “It doesn’t look good for you unless you explain what really happened.” 
• An officer leans in and says softly, “I can tell you’re a good person. Good people make mistakes, so let’s talk about yours.”

#4 – Why are they called “Miranda rights?”

The term “Miranda rights” derives from the U.S. Supreme Court case Miranda v. Arizona, 384 U.S. 436 (1966). Ernesto Miranda was accused of kidnapping and rape, and was questioned by police without being informed of his right to remain silent or right to an attorney. Prosecutors used his confession at trial, and Miranda was convicted.

On appeal to the U.S. Supreme Court, Miranda argued that his Fifth and Sixth Amendment rights were violated when his confession was used against him because he was not advised of his right to remain silent or right to have an attorney present. 

The Miranda majority agreed, requiring that suspects be notified of their “Miranda rights” if taken in custody but before they are interrogated. Miranda v. Arizona, 384 U.S. 436, 479 (1966)

#5 – What if I was arrested and interrogated, and was not told my rights?

If someone is taken into custody and interrogated, but police gave them only part of a Miranda warning (e.g. leaving out certain rights) or no Miranda warning, this can be a game-changer in a criminal case in Florida.

Someone must understand all of their Miranda rights and choose to waive them knowingly, intelligently, and voluntarily for a post-arrest statement (such as a confession) to be admissible against them in court. If they are unaware of some or all of those rights, a motion to suppress their post-arrest statements can be filed.

#6 – What if I was threatened or coerced to waive my rights?

In certain circumstances, someone may be read their Miranda rights, but law enforcement may threaten or coerce them to waive their rights and agree to speak without an attorney present.

Some examples of threats or coercion may include:

• “You’ll get more time in jail if you don’t talk to us”
• “If you want an attorney, you’re obviously guilty”
• “You better talk, or else”

If tactics such as these resulted in someone waiving their rights and agreeing to speak to the police, a Miranda waiver is considered to have been involuntary. As a result, an experienced and aggressive Florida defense attorney can move for the suppression of a defendant’s post-arrest statements.

#7 – What about Miranda rights for Spanish or other foreign language speakers?

Florida’s courts are consistent that Spanish speakers (and speakers of other foreign languages) must also be notified of their Miranda rights in a language that they understand sufficiently to provide a knowing, intelligent, and voluntary waiver. Tehrani v. State, 764 So.2d 895 (Fla. 5th DCA 2000).

Police cannot read Miranda in English to a non-English suspect and claim the suspect was informed of their rights. If someone’s Miranda rights are read in another language, they must be told of the same rights as English speakers (right to remain silent, anything they say can/will be used against them, right to an attorney including during questioning). 

If this does occur, a non-English speaker’s waiver cannot be considered knowing, intelligent, and voluntary, making the suppression of their post-arrest statements (inadmissibility in court) the proper legal remedy. Benitez v. State, 57 So.3d 939 (Fla. 3d DCA 2011). 

#8 – Does law enforcement have to follow an exact script?

No, police do not have to follow an exact script when notifying someone of their Miranda rights. Miranda warnings can vary slightly in content. However, a warning must convey all the Miranda rights in a way that can be clearly understood by a suspect, allowing them to validly waive their rights if they choose. If this does not occur, the warning is constitutionally deficient.

#9 – Can the police wait to read me my rights until I’ve already confessed?

No, the reading must be done before someone is interrogated by law enforcement. If someone spontaneously confesses when police get to the scene of a crime before they are arrested or interrogated, this is admissible – but if no confession occurs until after interrogation starts, it is inadmissible if there was no Miranda warning read first. 

Decades ago, law enforcement sometimes relied on a “two-step” tactic – waiting to read Miranda until after someone confessed in response to interrogation (inadmissible), then reading Miranda and having the suspect restate the confession – making it “admissible.” Much of the time, a suspect would feel there was no use in denying the crime after their pre-Miranda confession. 

However, the Supreme Court struck this down in Missouri v. Seibert, 542 U.S. 600 (2004). The Court held that police cannot delay a Miranda reading strategically to try to get a confession. It must be done as soon as someone is in custody but before interrogation begins.

#10 – Does Miranda have to be on a written form?

No, someone does not have to sign a physical Miranda form waiving their rights for their waiver to be considered knowing, intelligent, and voluntary. But courts have expressed a preference for a written waiver. 

Without this, it may be easier to argue that someone did not validly waive their rights (e.g. because they didn’t understand or couldn’t remember the verbal warning). State v. Roman, 983 So.2d 731 (Fla. 3d. DCA 2008)

#11 – Does my case get automatically dismissed for a Miranda violation?

No, a case is not automatically dismissed even if law enforcement violates someone’s rights by failing to read Miranda or not notifying them of one or more of their rights. Though a lack of a valid Miranda waiver/warning is grounds to suppress the post-arrest statements of the accused, it does not automatically warrant dismissal.

But in some cases, this may lead to dismissal of the case as a logical consequence. If a key aspect of the State’s case was a confession and it’s rendered inadmissible, the charges may be dropped – or the jury may be more likely to render a verdict of “not guilty” at trial.

#12 – Do I have to actually tell the police I’m remaining silent?

Yes, you must actually tell the police that you are exercising your right to remain silent and requesting an attorney. If you’re ever read a Miranda warning, tell law enforcement that you are EXERCISING YOUR RIGHT to remain silent and ask for a lawyer. Just do it!

The U.S. Supreme Court has held that if someone sits quietly and refuses to answer questions, police may continue to question them until they affirmatively say that they are exercising their right to remain silent. It is key to understand this – be smart and exercise your rights. Berghuis v. Thompkins, 560 U.S. 370 (2010).

In sum, Miranda rights are a key aspect of criminal cases in Florida and throughout the United States. It is important to understand your Miranda rights and to exercise them if you or a loved one is ever arrested and charged in Florida. If this occurs, the most important next step is finding legal representation.

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.

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