Legal Question in Criminal Law in California

Re: miranda rights

In a nutshell, the one and only way violation of Miranda rights comes into play is when you have made an incriminating statement. If your Miranda rights were not read to you before the statement, you would have grounds to exclude it as evidence which the prosecution would seek to use against you. If you have not made any statements, whether or not the cops mirandized you is irrelevant.

Unfortunately, you do not have many rights while on probation, as I am sure you know. For example, the cops do not need a warrant to search you and your house. Also, you do not have the right to bail.

Consult a lawyer for advice about how your specific situation can be helped.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: miranda rights

Technically, the police are never required to Mirandize anyone. However, when they question someone who is in custody without having Mirandized him, his answers (and any information obtained as a result of those answers that would not inevitably have been obtained anyway) will be inadmissible against him in court.

If the police didn't question you, then the lack of a Miranda warning won't matter. Even if they did (and even if you were in custody at the time), there is a very good chance that the D.A. will be able to prove you violated your probation without using your responses.