Legal Question in Civil Rights Law in California

Are arresting officers supposed to read your rights when they arrest you and give you a phone call as soon as they take you to the jail?


Asked on 11/10/11, 4:41 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Police don't have to say or explain anything to you. Too much TV cop show 'reality' misleads the public about the real system. You would have an evidence suppression issue only if police or prosecutors seek to introduce into evidence a statement or confession obtained after arrest without advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement. You might be surprised to find the police reports claim you were so advised. Yes, you are supposed to be provided one or more completed phone calls once booked into jail.

When threatened, arrested or charged with any crime, �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 the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. That includes on this or any other web site or public forum. 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 in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 11/10/11, 5:26 pm


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