Domestic Violence Silence Causes An Arrest

When officers in Florida arrive at a domestic violence 911 call they separate the parties and try to figure out what happened.  Most people have heard some version of the Miranda rights on television.

Miranda rights:

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you can not afford an attorney one will be provided for you.

Do you understand the rights I have just read to you?

With these rights in mind do you wish to speak to me?

The reality is if you refuse to speak to the officers and the other party does speak to them and says you committed a crime you are going to jail.  Officers view silence as guilt.  “If you did not do anything wrong, then what do you have to hide” is what officers say.  According to officers someone refusing to cooperate with them must be because they are guilty of something. So maybe that first sentence of the Miranda rights should say, “You have the right to remain silent but that silence will be held against you when we are deciding who to arrest”.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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