Legal Question in Criminal Law in California

Re: do i have to answer questions? 148pc

Not Lawfully. You are afforded miranda rights in which you have the right to remain silent and/or have legal counsel present during any arrest or detention period. You are NOT resisting/delaying "arrest" for exercising your rights here. For further, affordable legal assistance in this unfortunate matter, contact us directly today for a free phone consultation.

Re: do i have to answer questions? 148pc

Your question is rather vague about why you were stopped and what the circumstances were. The answer to your question depends quite heavily on this information.

If the police just tried to ask you questions but gave you no reason to think they were going to prevent you from leaving shortly then you at least had to give them your name and other identifying information. A recent decision from the U.S. Supreme Court says that you can be arrested for refusing to answer such questions even if the police had no reason to think you had done anything else improper.

If you had reason to believe you would not be free to leave shortly, you still had to identify yourself. The police should have read you your Miranda rights at that point, and then refusing to answer further questions would have been perfectly legal. The police could still arrest you if they had probable cause, but your post-Miranda silence could not be a factor in their decision.

Re: do i have to answer questions? 148pc

Reusing to give your name is an instance of not following the orders of the police officer. Additionally refusal to properly identify yourself to a police office is a misdemeanor. Police officers do not have to give you your miranda rights before requesting your name and certain other ministrial information. You should obtain a copy of the police report and consult an attorney regarding your defense.