Legal Question in Criminal Law in California
Regarding miranda rights.
If a cop tricks someone into beliveing that he is not a suspect and reads the miranda rights to him, assuring him that it's only a procedure which they have to get it out of the way. And then, you get arrested based on the statements that he made to them. Can he file a motion to suppress the statement? Since, the cop didn't give him a bona fide choice to and let him make up his own mind to waive his miranda right?
2 Answers from Attorneys
Re: Regarding miranda rights.
Sure, you can do a lot of things in defense of the case. Whether they succeed is a decision that will be made by the judge, based upon the credible facts and evidence and law. Feel free to contact me if serious about defense, and if the case is in SoCal.
Re: Regarding miranda rights.
You made statements to the police after being read your Miranda rights??!? This was poor judgment on your part.
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