I was brought in to the police department for physical altercation. The police officer had questioned me for my version of the story and I had confessed. I confessed to committing the crime and had told the officer all of the details. I was handcuffed and finally been told my Miranda rights.The officer had told me either way I was going to be booked whether I told the truth or not. So shouldn't the officer read my rights before questioning me?
As Ms. McCall explained, if it can be shown that your statements were made during a custodial interrogation and you were not read your Miranda rights, there is a chance to have your statements suppressed, meaning they cannot be used as evidence. That does not mean you are automatically clear of all charges, as the prosecution may have other evidence of criminal activity you might have committed, and charge you based on that.
So, what you need to do now is first remain silent, meaning do not discuss this matter with ANYONE, especially law enforcement. In fact, if you are questioned by law enforcement your only response should be "I respectfully assert my right to remain silent and to have an attorney present." Next, you need to get an attorney. Most attorneys, including myself, offer free initial consultations to discuss your case and what it might entail, including costs. You should not talk to anyone except a criminal defense attorney about your case. Then you should hire the attorney you feel most comfortable with. Ideally, you want an attorney who is familiar with the court where your case is being handled, and who has experience in these types of matters. If you truly cannot afford a private attorney, which the court will determine, you should request a public defender at your first court date.
Michel & Associates, PC
All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.
Criminal Defense Attorney
Yes but there is a fine line between custodial interrogation and non- custodial interrogation. It is something that your attorney should dispute and if successful can suppress those statements.
Administrative Law Lawyer
Miranda is a widely misunderstood legal doctrine, thanks in large part to its constant use andmis-use by uninformed TV writers.
Assume for the moment that your case presents a clear violation of your Miranda rights: you were interrogated while in custody with no reading of your rights and you made significant inculpatory (guilty) statements. The remedy for that police conduct (sometimes error; sometimes strategy) is NOT dismissal of your case or charges. The remedy is that the statements you made cannot be introduced as evidence against you in your trial on the issue of guilt. Now, caution: there are some exceptions in the law by which your unMirandized statements, in whole or in part, can become admissible. But this is the general rule.
A dismissal will not happen in response to a Miranda violation unless the case cannot be made without your unMirandized statements.
Your attorney or the Public Defender will know all of this and will also know how best to best utilize these legal principles for your benefit. Miranda, despite what everyone thinks that they know from TV shows, is not a DIY project.
Christine McCall, License Advocates Law Group
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
DUI / DWI Attorney
As my colleagues have pointed out, this is a fact-intensive inquiry that needs thorough analysis. Contact an attorney who can help analyze your options. Even if the statements are inadmissible in court, it might still be possible for the prosecution to make its case.
Criminal Defense Attorney
Since you were detained the confession should be suppressed. But knowing Long Beach like I do there will be a great deal of work because it's unlikely that your version will not be the same as the police version. Lawyer up. There's plenty of good attorneys in Long Beach. Many of them offer a free consultation so I suggest contacting a few to determine which one best fits your case. Good luck.
for Fairness / for Your Freedom because sometimes good people get into bad situations
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.