Legal Question in Criminal Law in California

It is impossible to answer your question without a complete review of all of the police reports. Your lawyer will get these during the discovery process. If you can't afford to hire your own lawyer, the judge will appoint the Public Defender to represent you.

Failure to advise you of Miranda rights isn't the "get out of jail free" card many people think it is. The police don't have to read your rights until you are arrested; temporary detentions don't require advisement. Even then, a Miranda violation doesn't mean automatic dismissal. It just means any statements you made after the point you should have been advised can't be used in the prosecution's case against you.

There may be other search issues that your lawyer will find after reviewing the police reports.

Generally when someone is not given their Miranda Rights the evidence that was obtained as a result of their statements can't be used if the court agrees, after reviewing the information, that Miranda rights should have been administered. Now, let's get to the real question your asking, and by the way, most people ask after they have been arrested for being under the influence. I was not read my Miranda Rights and the officer asked me all these questions and on T.V. shows I have seen they are supposed to read me my rights before they arrest me? If you were either driving or out in public, a Law Enforcement Officer can detain someone while investigating a possible violation if they have reasonable suspicion that a crime has been committed. It is generally referred to as a Terry stop. While they are investigating they can ask you all kinds of questions and all the information you supply them with is useable against you in a court. The reason is you have not yet been arrested. Miranda is not triggered until an actual arrest is made. There is another rule regarding evidence and that is called "inevitable discovery." This can also play a factor, if the court agreed that someone should have been read their Miranda rights and they were not, the DA can still argue the evidence would have been discovered anyway and since it would have been inevitable discovered it should come in. They court might agree and they evidence will come in.

These are just some of the reasons, why attorneys tell their client's to stop practicing law through their favorite T.V. shows. Now, not withstanding anything I have said earlier, that does not mean there are not other issues or other things the Law Enforcement Officer's might have done that could help your case. That is why you need an attorney. In your question you did not supply enough facts to determine anything, so I suggest you contact an attorney and start finding out some real information that may help you.

The information contained in this answer should not be considered legal advice. It is not based on anything other than general principles of law and should not be used by anyone to evaluate their case. If you have any questions about your situation, call an attorney and directly ask them their opinion.

Good Luck

Brian McGinity

Nice try, no brass ring. Don't believe everything you see on TV cop shows. Miranda warnings are only necessary before seeking confession or incriminating statements from you, after the arrest. If you intend to defend this, get yourself an attorney that knows how to handle whatever your defenses may be.