Legal Question in Criminal Law in California
In ca. what is the legal implications of being arrested in possesion of a control substance,(narcotic) aftter questioning by officer, but not mirandizing subject, with no priors.?
3 Answers from Attorneys
The answer depends on many factors you don't mention here. Which drug is it? How much of the drug was found? What are the actual charges (possession or possession for sale)? How was the drug found? The answer could range from a dismissal because of an illegal search and seizure, to deferred entry of judgment (drug classes and a dismissal of the case after 18 months), to a conviction for a misdemeanor or felony drug charge and jail or even prison time. The best thing for you to do is consult with a local criminal lawyer experienced in drug cases. If you'd like to discuss this with me, please don't hesitate to contact me. Steve Mandell 310 393 0639. Good luck.
Your ignorance of the Miranda warnings is what caused you to get arrested. Police do not have to give you Miranda warnings unless it is a custodial interrogation. Apparently you were under the mistaken belief that you could talk to the officer, and nothing was relevant or admissible until he gave you the Miranda warning. He didn't have to give you the Miranda warning until you were in custody. What is even more tragic, is that you were aware of the Miranda warnings, but chose to speak to the officer prior to the time you were in custody. That was a fatal error on your part. You need to get an attorney, and if you cannot afford one, you need to ask the court to appoint a public defender to represent you.
The consequence is that you get to try to defend against the criminal charges, just like every other defendant. Miranda warnings are typically not given until being questioned after arrest, if then. The lack does not likely give you any defense. Hire an attorney to represent you, and seek drug diversion rather than conviction.
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