Legal Question in Criminal Law in California
Felony Probation
Do I have ANY civils rights when I am arrested by the police for an alleged Probation Violaion?? The local cops say I have NO rights, therfore they do not have to Mirandize me, therfore I am writing to you. Thanks CG
1 Answer from Attorneys
Re: Felony Probation
Technically, the police are never required to Mirandize anyone. However, when they question someone who is in custody without having Mirandized him, his answers (and any information obtained as a result of those answers that would not inevitably have been obtained anyway) will be inadmissible against him in court.
If the police didn't question you, then the lack of a Miranda warning won't matter. Even if they did (and even if you were in custody at the time), there is a very good chance that the D.A. will be able to prove you violated your probation without using your responses.
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