Common Legal Rights People Waive Without Knowing It
All people have legal rights to protect themselves. Unfortunately, many people waive some of their legal rights without realizing it. These rights involve things that people may do in everyday life or when they find themselves in sticky situations, and they may not realize the rights that they are waiving.
Your Right to Remain Silent
This is not about pleading the fifth when you interact with law enforcement officers but about what you post or say online. That includes Facebook posts, Instagram posts, YouTube comments, and podcast interviews, among others. Those can all be incriminating. Many people just don't realize that when they post online, they are waiving their Fifth Amendment right to remain silent.
In addition, sometimes people find themselves in a sticky situation and think they can play lawyer and call law enforcement to explain their side. But please understand that your statements in this situation, whether you approached an officer, or they called you or came to your house and asked you questions, can be used against you. The best move in this situation is to contact a Florida criminal defense lawyer to figure out the most appropriate option for you.
Your Right to Privacy
You should never let the police search your property without a search warrant.
But what if you have nothing to hide? Is there really any harm in letting law enforcement search your home, bag, wallet, or vehicle without a warrant? Yes. Let’s say a cop suspects that you have drugs in your bag. You don’t have drugs, so you consent to have your bag searched without a warrant. But then the cop sees a fake ID and arrests you because of that.
Additionally, let’s say you allowed the police to search your house because you have nothing to hide, and you did not do anything illegal. But they find a weapon, which you’re allowed to possess unless you have a friend staying with that you did not know is a felon. Now your friend is going to get arrested, and the police think that you could be a co-conspirator.
Likewise, it’s very common for people to sign up for things online, agree to the terms and conditions of a website, and give their name, address, contact number, email address, and other personal information. Just bear in mind that these details may be bought, sold, and used by companies and law enforcement agencies. Depending on the user agreements, law enforcement can subpoena that information from these companies.
Your Right to Confidentiality or Privilege
Certain documents and conversations are confidential. These are privileged for different reasons, whether it's the attorney-client privilege or the doctor-patient privilege, among others. But did you know that you could unknowingly waive these rights by talking about those conversations with other people? Put simply, if something is confidential or privileged, do not talk about it with anybody.
Consult With an Experienced Criminal Defense Lawyer in Florida Now
Make sure you understand your legal rights to avoid waiving them inadvertently. If you are not sure about what you should do, reach out to the Florida attorneys at Tragos, Sartes & Tragos. You can schedule your free consultation with our law firm by calling our office at 727-441-9030 or contacting us online.