Legal Question in Criminal Law in California
When is it reasonable to assume that you are in the custody or under the control of investagating detectiives who come to your home start questioning you regarding their investagation all the while they are tape recording your every word knowing all the time their intent is to take you into custody from the on set where do your rights under Miranda come into play? Further, dose Miranda apply when your placed in handcuffs and transproted to the police dept. and do you have to be told what your charged with when at your home the detectives tell you your bail amount wheen asked by you before youe even placed into the police car for transport?
3 Answers from Attorneys
When the first word came out of your mouth, everything else was a foregone conclusion. Maybe a lawyer can still help you. If you are interested in representation, call me wrll in advance of your first court date.
To answer your question about Miranda:
They are required to advise you of your Miranda warnings when you are "in custody" and being interrogated. "Custody" means a formal arrest or the equivalent of an arrest. Handcuffs may not = custody, but being transported without your consent certainly does.
Miranda issues are fact specific, so the details will need to be discussed with your lawyer.
Ifnthere was a Miranda violation, the statement is subject to being excluded along with any evidence they get as a result of the illegal interrogation.
Joe Dane - Orange County Defense
�What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than to remind that you should have followed the normal advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this mess you may have caused yourself by talking, and if this is in SoCal courts, feel free to contact me.
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