Legal Question in Criminal Law in California

Re: violation of rights

The search warrant you have described may have been subject to consent improperly obtained. The procedure is to have your defense attorney file a motion excluding the results of the search. Regarding your question, you have the right to be advised of all your relevant rights under the U.S. Constitution ("Miranda" rights) once you are taken into custody and interrogated. You did not mention whether or not you had been taken into custody before being asked for a lawyer to be present. The procedure and remedy are the same -- you will need to have your lawyer file a motion to exclude that evidence, and have a judge decide whether or not the miranda advisements were not given, and your rights violated. If you would like representation, please feel free to contact me directly at 1-877-568-2977 or email me at [email protected]. Thanks.

Re: violation of rights

I've read the previous attorney's reply and will only suppliment it.

You were probably shown a copy of the warrant that didn't show the signature. A check fo the court file should show the judge's signature on the original. If its not there then do the motion. On the advisement if they read you your rights then the issue is do the police negate their advisement if they encourage you to talk and not insist on a lawyer being present. Again the facts would be determinative, and the test would be to bring the motion.