Legal Question in Criminal Law in California

detained/no meranda rights read

I was picked up for illegal turn, and under the influence,with posession. I was not read my rights,and received paper upon my release,of being detained and not arrested, i was told to call back and give 3 names of drug dealers. Do i need to comply with this.


Asked on 7/27/07, 6:18 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: detained/no meranda rights read

You should consult with a criminal lawyer. If you agreed to give the police names in exchange for your release and you decide to renege on the deal, you should expect to be charged and prosecuted. Even if you decide to go through with the deal you should get it in writing. A criminal defense attorney will know what terms such an agreement should contain.

The lack of Miranda warnings will only matter if you were questioned while in custody (note that "in custody"' in this context does not mean what it normally would); even then, the only consequence would be that the state could not use your responses against you at trial. There is probably enough evidence of the three charges you listed to convict you even if you weren't questioned at all.

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Answered on 7/27/07, 6:45 pm
Terry A. Nelson Nelson & Lawless

Re: detained/no meranda rights read

No, but they are free to charge you with your crimes if they want to. I suggest you get counsel before making any decisions that carry life and death consequences. Feel free to contact me if interested in doing so.

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Answered on 7/27/07, 7:12 pm


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