Legal Question in Criminal Law in California
If I was a police suspect and said something to a police officer that was interpreted by that officer to be an admission of guilt, would my statement void the police officer�s requirement to Mirandize me when placing me under arrest?
4 Answers from Attorneys
Miranda warnings aren't required before an arrest. They are only required before a custodial interrogation. The statement that you made freely and voluntary to a police officer is completely admissible in a criminal trial.
Just because you are arrested does not mean you must be given your Miranda warnings. It is only if you are arrested and they are going to question you that they must give you your Miranda rights. Your statement prior to your arrest is likely to be admissible because you were not yet arrested. But no - just because you said something incriminating before your arrest does not relieve them of the requirement to give Miranda rights after your arrest before any further questioning.
A volunteered statement is always admissible. Mr Dane and Mr. Roach are right. But it is a complicated matter as to what is a custodial statement and what is a non-custodial statement and you have not provided enough information to determine whether or not you were in custody at the time. You should sit down with an experienced criminal defense attorney. Answer all of his/her questions and discuss all of the details. Then the attorney can give you an opinion as to whether the statement is admissible or not.Sometimes the answer surprises people.
You already ignored the widely understood advice repeated on every cop show on TV: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney. "Anything you say can and will be used against you in court."
Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in the case.
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 fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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