Legal Question in Criminal Law in California

how can i prove i was never read my miranda rights before arrest?


Asked on 8/08/12, 10:17 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

They aren't required to read you your rights before you're arrested.

The Miranda rights are only required if you're in custody (arrested) and being interrogated.

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Answered on 8/08/12, 10:39 pm
Terry A. Nelson Nelson & Lawless

Probably doesn't matter. Too much TV cop show 'reality' misinforms the public about the real system. You would have an evidence suppression issue to raise in a motion only if prosecutors seek to introduce into evidence a statement or confession obtained AFTER arrest without first advising you of Miranda rights.

When 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? 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 the charges are in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 8/08/12, 11:20 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

my answer too, too much TV. It rarely affects much ... it can in a certain case, but, it is not the norm I see. Also depends on what type of case, and if you made a statement after arrest and if it incriminated you and if they are attempting to introduce it to prove some element of their case. A lot of 'if's. Good luck!

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Answered on 8/08/12, 11:34 pm


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