No, and even if they fail, anything you say can be used at time of trial to impeach you. The Miranda Rights have largely been watered down by subsequent court rulings
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship
An officer has to advise you of your Miranda Rights if they are going to question you after you are arrested. You were arrested, but you were not questioned, so they do not need to read you your rights.
Only matters if you were in custody, being interrogated, and the prosecution seeks to introduce the statement against you.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
No. Let me explain:
Miranda applies when an officer has you (1) in custody; and (2) is interrogating you. Let's take a look at these separately.
"Custody" means you are either under arrest or you are detained, meaning a reasonable person would not feel that they are able to leave. This part is somewhat easy. An officer may briefly detain you and put some questions to you.
"Interrogation" is tricky. The simple definition is when an officer is asking you any questions designed to get an incriminating answer. "How long have you been beating your wife?" is an example of such a question. "How much money of yours is from selling dope" is another. Simple questions like your name, date of birth, address are not interrogation.
If an officer has violated your Fifth Amendment rights (what Miranda actually protects), any statement made may be suppressed and it is possible that any evidence obtained as a result of that statement may be suppressed as well. But suppression is not automatic. An attorney will write a motion based on the facts of your case, support it with relevant case law and argue it to the judge, but even them it is not always granted. We like to think our system is protective of the accused and efficient, but it is not always easy. Whether the case gets dropped after suppression depends on what other evidence is available and whether or not the DA can prove the charge to a jury, beyond a reasonable doubt (meaning not all doubt but reasonable doubt) without the suppressed evidence.
Miranda is actually a much more complex area of law than you see on television. If you have been arrested and are charged with a criminal offense, you need to speak with a criminal defense attorney. I practice throughout California. Please contact my office for a free initial consultation.
Miranda protects you from self incrimination - so when you are in custody as the others have explained, you have the right to remain silent and request an attorney prior to answering any questions. If you have not been asked a direct question by the officer and you give up information but have not been given the Miranda warning - this is not a violation.
You did not specify what you have been charged with or what statements that could be potentially used against you. It would be wise to seek legal counsel.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established..