Legal Question in Criminal Law in California

Anytime one is in custody and questions are asked, miranda warnings must be given. If they are not, the statements given cannot be used against your daughter in her case. You should seek an attorney quickly and hopefully they can get a great deal for her. David Wallin

It only matters if they questioned her while she was in custody (note that the legal definition of "in custody" is different from what most laypeople mean when they use the term). Even if they did, that fact would not invalidate the arrest. It would just prevent your daughter's answers -- and any other information obtained as a result of those answers -- from being used against her in court. If they found the drug in her possession, they probably didn't ask her any important questions. And even if they did, they can probably win a conviction without using any statements she might have made.

Your daughter needs a lawyer ASAP.

Good luck.

Mr. Wallin and Mr. Hoffman bring up good points. The key here is 1) that there may be a strong Miranda argument to be made and 2) it's important to seek an experienced attorney to determine if this is the case as well as if there are other arguments that can be used to help your daughter.

Your first concern should be trying to prevent your daughter from having a felony on her record. Your best chance of that would be retaining an experienced criminal defense attorney. Please let me know if I can help in any way.

Without Miranda advisement, any confession or statements made could be barred from use by an appropriate motion her attorney can bring. Other than that, it doesn't matter. Now, if you're serious about getting her legal help to avoid prison time for a felony conviction, feel free to contact me.