Legal Question in Criminal Law in California
Miranda Rights not Cited
If one is arrest for domestic violence and agree to take a plea bargin then realizes that his Miranda Rights were never cited either during the arrest or after the arrest, can ones conviction be over turned and the case be dismissed, if so what procedure is next?
3 Answers from Attorneys
Re: Miranda Rights not Cited
In a plea bargain situation, it would be tough unless you did not have adequate legal counsel. Miranda prevents the admissibility of statements a suspect makes while in custody and before being informed of his/her rights. At any proceeding, they could be supressed on this grounds. But, a plea bargain negotiation would not usually be considered a proceeding for this purpose.
Re: Miranda Rights not Cited
Unlike the tv shows the police do not have to give the Miranda advisement unless they are questionging an individual, who is a suspect. Appellate rights are severely limited after a plea of guilty.
Re: Miranda Rights not Cited
An appeal, assuming you have appropriate facts, do so within the time limits, and are willing to pay the substantial fees necessary. Contact me if interested.
Related Questions & Answers
-
Letter from victim (victim 44 defendant 21) In a robbery/kidnap case,if the victim... Asked 8/17/03, 10:39 pm in United States California Criminal Law
-
Dismissed If you get released and the charges were dismissed and after dismissal u... Asked 8/17/03, 10:26 pm in United States California Criminal Law
-
What is the least effortless way to file a police report 5 yrs later I purchased a... Asked 8/17/03, 12:38 am in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
