Legal Question in Criminal Law in California

Re: Grand Theft and Conspiracy

The officer's failure to read you your rights is not a "get out of jail free" card. The only consequence of this failure will be to prevent the prosecutor from using your answers to any questions the officer asked you while you were in custody, along with any evidence obtained solely as a result of those answers. If you weren't questioned and/or if you weren't in custody in the technical sense of that term, then there will be no consequence at all.

Even if you were questioned while in custody, other evidence -- including the statement you wrote to J.C. Penny -- could still be used against you.

You need a lawyer immediately.

Good luck.

Re: Grand Theft and Conspiracy

Even if your Miranda rights were violated, this does not mean the case against you would be dismissed. The only consequence would be that statements that you made to the officer would not be admissible against you; however, other evidence would.

You need an attorney. If you cannot afford private counsel, a public defender will be appointed for you on your first court date. Do not attempt to represent yourself or try to resolve the case on your own. Chances are you will make your situation worse.

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com