Legal Question in Criminal Law in California

Miranda Rights?

Does law enforcement have to read you your miranda rights even if they do not make an arrest? If they do have to read you your rights and the accused gave a written statement, can that statement be rescinded and not used against the accused?


Asked on 7/24/07, 8:35 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Miranda Rights?

Anybody who gives a written statement to the police is essentially volunteering to go to jail/prison. Yes, if one is in custody (not free to leave) they have to read the Miranda warning. But the accused person in your question is in a deep hole and will need to hire a good lawyer.

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Answered on 7/24/07, 10:08 pm
Terry A. Nelson Nelson & Lawless

Re: Miranda Rights?

Failure to advise/read the Miranda rights warning is simply a defense you could raise if they attempt to use a statement or confession against you. If you were foolish enough to have talked to police without counsel, you have a serious problem. Get counsel if you are charged.

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Answered on 7/25/07, 2:07 pm


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