Legal Question in Criminal Law in California

Re: miranda rights

Many people mistakenly believe a criminal case must be dismissed if the arresting officer does not read the suspect his Miranda rights. That is not how it works.

If the officers did not Mirandize you once you were in custody (note that "in custody" for these purposes means something slightly different from what it would mean in ordinary conversation) then any answers you gave to subsequent questioning by the police or prosecutor cannot be used against you. Evidence the authorities uncover as a result of those answers also cannot be used unless the government can prove it would have inevitably found the evidence anyway. There are narrow exceptions to these rules, but they don't arise very often.

A failure to give the Miranda warning does not mean the case has to be dismissed. It means that some particular evidence will be excluded, but if there is enough other evidence to support the charges then the defendant can be tried and convicted.

Your post doesn't say that the police asked you any questions. It is fairly common for police not to question arrestees, especially in cases where they already have strong evidence. DUI cases are the most common example of this; the officer saw the suspect driving erratically and a blood test will reveal how much alcohol or other drugs are in the suspect's system. There often is no need to ask any questions in such cases.

So, what can you do? You can get a lawyer if you are facing charges, though your question does not say you have actually been charged or that there is reason to think you will be. You can call the police to ask how to recover your car but, when you do, be sure not to discuss the circumstances of its seizure or of your arrest. They may try to get useful information out of you, and what you tell them will be usable against you later if you are charged.

Re: miranda rights

Hire an attorney who will know what to do, when and how. When he knows all the facts, evidence and charges against you, he can advise you.