Legal Question in Criminal Law in California

Not necessarily. It's not like the movies where they absolutely have to read you your rights when the cuffs go on. They're only required if you're in custody and being interrogated. Many arrests are made without any custodial interrogation and no Miranda issues at all.

However, discuss the admissibility of any statements with your attorney.

The lack of a Miranda warning is not a get out of jail free card. All it does is prevent the prosecution from using against you any statements you made in response to police questioning while you were in custody. All other evidence will still be usable. If you weren't questioned while in custody, then the lack of Miranda warnings would be irrelevant. And even if you were, there might still be enough untainted evidence to convict you without using your statements. That is true in many cases.

No.

Police don't have to say or explain anything to you, before or after arrest. Too much TV cop show 'reality' misleads the public about the real system. You would have an evidence suppression issue only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. You might be surprised to find the police reports claim you were so advised.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

What everyone is trying to tell you is that the police don't have to read you your rights prior to arrest, which are called "Miranda" warnings after the Supreme Court case discussing them. Police only have to read you your rights prior to custodial interrogation, meaning they arrest you and then want to get incriminating statements from you.