Legal Question in Criminal Law in California

Re: Being read your rights

Miranda rights are required if 1. you are in custody and 2. you are being interrogated by law enforcement. If both of these aspects exist, police are required to read you your rights so that you understand that you do not need to speak without a lawyer present. Any incriminating statements that you make after a violation of your Miranda rights are subject to a motion to suppress in court and if the judge agrees, may not be used against you in court. Please call to further discuss as there are many aspects of the Miranda decision that may apply depending on all of the specific details in your case. 310 277 1707.

Re: Being read your rights

Yes, the sixth amendment as interpreted in the Miranda decision requires police to advise you of your rights before you make a statement, while you are in custodial interrogation (as Mr. Wolf pointed out).

Depending on what you confessed to or what was admitted if they did not read your rights after you were interrogated in custody, this may entitle your attorney to bring a motion to exclude certain evidence.