Legal Question in Criminal Law in California

Detained or Under arrest

I have no priors and was at the wrong place at the right time. What is the difference between being interviewed and interrogated? if I was cuffed and told i was detained but not under arrest and; Can they have booked me in jail because I asked for a lawyer to be present?

And can it happen without at any point I have been told my miranda rights?


Asked on 7/17/08, 4:57 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Detained or Under arrest

Yes, the realities of law enforcement today are such that these kinds of things happen - and even worse. Remember Rodney King?

In your case, you were simply arrested and the cops told you a bunch of BS. They are actually allowed to BS you legally - it is part of their tactics and training. You need to refocus on defending your case. Get a lawyer. Perhaps an illegal arrest could be the basis for throwing your case out.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/17/08, 6:19 am


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