Legal Question in Criminal Law in California

If a person turns themselves in on a felony warrant with an attorney present do miranda rights still have to be read before the actual arrest and booking procedure? Under what circumstances would they be required to do so?


Asked on 9/17/09, 3:09 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Miranda warnings are only required to be given if a person is in police custody and being subject to interrogation. Just because you're being booked on a warrant doesn't mean they have to read you your rights. If you are being questioned beyond the standard "booking questions," then they are required to advise you of your rights, even if you have an attorney standing right by your side. Why? Because they are YOUR individual rights. Only you can waive them and only you can invoke them and decline to answer.

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Answered on 9/18/09, 5:51 pm


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