Legal Question in Criminal Law in California

Maybe, but probably not.

The lack of a Miranda warning is not a "get-out-of-jail-free" card. Its only consequence would be that, if the police asked you questions while you were in custody, any answers you gave cannot be used against you in court. Neither can evidence they find only because of your answers. But there are exceptions to these rules. And sometimes courts incorrectly admit evidence that they should exclude.

In many cases, the police don't ask questions after they take the subject into custody. (The rule doesn't apply to answers you gave before you were in custody.) Even when they do, they often have quite a bit of other evidence. So even if they can't use your answers against you in court, they might still have other evidence that they can use -- perhaps more than enough to win a conviction.

These rules may sound simple, but they're not. To take just one reason, it can be hard to figure out whether and when somebody was placed into custody.

Since we don't know anything specific about your case, we can't offer any meaningful guidance except that you should meet with a lawyer right away.

Good luck.

As someone who has been a Former Deputy District Attorney and doing criminal cases for over 25 years, the answer is no. You should assume that law enforcement will say they gave you the Miranda warnings, even if you say they didn't. I suggest that you contact an experienced attorney and go over all the facts, so you can obtain some very valuable information. I wish you well..........David

No, Miranda warnings are only required to be given prior to custodial interrogation. They are not a prerequisite to an arrest. If you were arrested and not interrogated, they did not need to be given.