when must the police read you the required Miranda warnings? “You have the right to remain silent. anything you say may be used against you. you have the right to an attorney …” Boston Marathon bombers? Ft Lauderdale criminal defense lawyer or Boston criminal defense lawyer, the answer is the same!

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The answer is the same, whether the lawyer answering the question is a Ft Lauderdale criminal defense lawyer like me, or a Boston criminal defense lawyer — The suspect must be read the required “Miranda warnings” (your “rights”) when the person is “in custody,” and this “custody” status has been further defined by the United States Supreme Court to mean, “when the person is not ‘free to leave’ ” … The Boston marathon bombers? They were not “free to leave” and therefore “in custody” the moment they (the one surviving brother) surrendered or capitulated to the arrest. Is there an exception to this otherwise applicable rule in the case of “national security” or “public safety?” Yes, and in fact it’s called the “public safety exception” first made famous by the case of “New York v. Quarles,” that case — like the Boston Marathon case, balanced the needs of the suspect and his “rights” to be informed (his right to remain silent and not answer police questions, and his right to an attorney), against society’s (the public’s) greater right and need to be protected from greater catastrophe; and therefore, the decision was made to allow for this “exception” to the Miranda rule, in cases like this wherein there is a real “public safety” issue of endangerment. Feel free to call me @ the office @ 9547668810 and we can discuss this further, if you would like, or if you have a case that seems to invoke these same issues or concerns. Stay positive, regardless of what’s happening around you, and that’s the word for today! 🙂 Willing to help, John Castellano, Ft Lauderdale criminal defense lawyer AND all around great guy 🙂


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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