Legal Question in Family Law in California
Can an officer use statements made without Miranda rights being read? I am being investigated by CPS for having marijuana on my person while driving my child home. I willingly gave my marijuana to the officer. No charges were filed except a case was opened for my daughter. The police report disagrees with my story. The officer said I was under the influence. The report states that I said I was under the influence. I did not. I was pressured and nervous. If I made this statement it was out of confusion and intimidation. I was not under the influence.
2 Answers from Attorneys
You need to consult with a criminal law attorney about this matter as soon as possible.
A statement made without the benefit of the Miranda rights being read is admissible if either the person is not in custody or the statement is not the result of police interrogation. Its a highly complex matter and you need to retain a criminal defense attorney. Also you must be careful that statements made to CPS can be used against you in a criminal proceeding. My advice is strongly that you say nothing to anyone until you have representation by a criminal defense attorney and let him/her do the talking for you. Remember anything you say can and will be used against you. As you already know your words can be twisted. Get a lawyer!
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