Legal Question in Criminal Law in California

Re: Miranda Rights Violation !?!?!?!?!?!?!?!?

Failing to give Miranda warnings does not invalidate an arrest and is not a ticket out of jail for the arrestee. Such a failure means that answers the defendant gave to police questioning while in custody and before being Mirandized cannot be used against him in court. Any evidence the police have that they did not get as a result of such questioning can still be used. In most cases, the prosecution can prove its case without using the defendant's statements. Miranda only becomes an issue when the prosecutor tried to use evidence obtained via police questioning after the defendant should have been read his rights.

Re: Miranda Rights Violation !?!?!?!?!?!?!?!?

The police often arrest individuals without providing them with miranda rights. The law only requires that miranda rights be given when an individual is faced with custodial interrogation by someone known to be a police officer.

The real question you should be asking is whether the police questioned you or made any statements which were likely to lead to an incriminating response, from which you made statements. If this is the case a motion to suppress those statements under penal code section 1538.5 may be appropriate.

I would talk to an attorney in your area who can evaluate your case and help you through the nuances of handling a criminal case.

Good luck to you with this matter.

Re: Miranda Rights Violation !?!?!?!?!?!?!?!?

Thank you for your posting, and the opportunity to serve you further.

Often, arrests and bookings are video or audiotaped, which may help determine the answer to your question.

As others have noted, miranda advisements have to be given before any interrogations in custody. If they are not, you have the right to bring a motion to exclude any confessions, admissions, or statements that were made after you were taken into custody.

Because your case might be based upon other evidence, that may or may not actually help you in defending the case. One possibility is that even if your statements are excluded, the case might be proven through other evidence or witnesses.

If you'd like more information, have other questions, or would like to talk to an attorney that practices in Orange County daily, feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.

Re: Miranda Rights Violation !?!?!?!?!?!?!?!?

Call me directly at (619) 222-3504. I will work with you as to fees.