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Signs You May Be Under Investigation for a Crime in Florida

On Behalf of | Nov 22, 2022 | Criminal Defense attorney, Criminal Defense attorney Tampa FL, Criminal Defense Lawyer

Whenever you are being investigated for a crime, you want to be sure that your rights are being protected. You have the right to be free from arbitrary arrest, but you also have the right to be free from unwarranted surveillance. If you have any suspicions about the possibility that you are under investigation for a crime in Florida, contact a Criminal Defense attorney Tampa FL right away.

Reporters’ Information is Confidential

Whether you are a reporter, a news reporter, or a freelancer, you are entitled to a legal privilege for your news-gathering information. In Florida, this privilege is known as the journalist’s privilege.

This privilege protects journalists from being compelled to disclose the identity of confidential sources. It does not apply to evidence of crimes, but it does protect reporters’ information. Generally, reporters are able to assert this privilege in civil cases, while criminal cases do not recognize it.

Whether or not you qualify for this privilege, you will have to file a motion to quash. You must demonstrate that there is a compelling need for the disclosure, that you are not able to obtain the information from alternative sources, and that the information cannot be obtained by less destructive means. If you are a reporter, you may also want to file a memorandum of law, in addition to the motion, to support your position.

Social Media Can be Used to Track Where You Were on Certain Days

Using social media to track where you were on a given day can be an effective method of policing. However, there are some notable caveats. First and foremost, your privacy is at stake. Second, you might not have access to the most relevant data points if you aren’t part of the throng. Lastly, there are legal and ethical pitfalls that you need to avoid. For example, the legal system has an interest in your personal data, so a proactive approach is a must. Finally, remember that you are probably under investigation for a crime, and the last thing you need is to be swept up in the witching hour. As you might imagine, this is a tricky proposition. The good news is that there are a few reputable firms that will be more than happy to assist you.

Miranda Rights is Only Triggered When a Person is in a “custodial interrogation”

Often referred to as Miranda rights, these are the warnings that law enforcement must give to any person subjected to custodial interrogation. These rights stem from the Fifth Amendment, which guarantees that no person should be forced to testify against themselves. However, these rights only apply to natural persons. They do not apply to corporations, organizations, associations, partnerships, or to any person who is a witness against a criminal suspect.

Miranda rights are only triggered when a person is in “custody”. Custody is determined by the officer’s beliefs about a suspect’s potential culpability and the totality of the circumstances. The number of officers present and the degree of physical restraint may also play a role in determining whether a suspect is in custody. Miranda rights are not always required, and the police will sometimes choose not to read the warnings. If you are concerned that you were not properly warned, it is best to consult a criminal defense attorney.

Contact Us Today

Now that you know how to tell if the police are investigating you in Florida, you should be able to more easily spot it in advance and be prepared. If you notice any of these signs, don’t postpone in contacting a legal assistance. Contact us with our team at Frey Law, P.A. at your earliest convenience for assistance with any of your legal needs. We will guarantee your privileges are secured and your point of view is heard.