Legal Question in Criminal Law in California
I was detained on the street for felony vandalism and later arrested and put in jail. I was never read my rights. I got out on bail and am going to court a month from now. I'm not sure what to do about the fact that I was not Mirandized.
3 Answers from Attorneys
You do not say whether the police asked you any questions and if they did dild you say anything that assisted them in arresting you. Failure to give the warning results in all evidence related to what was found because of your statement from being admissible. If the police have adequate evidence and information to have arrested you and concluded you committed the crime, then not giving you the warning has nothing to do with your being tried. The officer will likely say that he did read you your rights since he has been doing that for many years and that once at the station house you were again read those rights.
Ultimitely you should contact a lawyer in or near your area and ask a qualified attorney about what he or she feels about your case, after you tell the lawyer all the facts of the case. Any competent attorney will evaluate All legal issues, including "Miranda" , and see what are the strengths and weaknesses of your case. I wish you well. David Wallin
Miranda warnings are only required to be given before custodial interrogation. It does not cause your arrest to be invalid, or create grounds for a dismissal of the criminal charges against you. If you were never interrogated, and made no statements while in police custody, the police were not required to give you Miranda warnings.
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