Sebring, FL asked in Criminal Law for Florida

Q: I was never charged with anything. My Miranda Rights was not said to me and they let me go. State picked up the case.

I was tazered over a wellness check i myself called. Due to post postpartum. In the process of bein put down i kicked an officer on accident one time.

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1 Lawyer Answer
Leonard Louis Cagan
Leonard Louis Cagan
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Whether something was done on purpose or by accident can be a difficult thing to determine. Because of that, it can be the cause of a difference of opinion. You need to retain an attorney who can point out to the State the facts that seem to indicate that any contact with the officer was accidental and not a purposeful act. The fact that the officer kicked did not arrest you seems to lend itself to that conclusion. More will be needed. Miranda rights will probably only come into play if you made a statement to the police that they are seeking to use against you if that statement was made in response to any type of interrogation or questioning. Look for a good local lawyer.

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