Legal Question in Criminal Law in California

I was arrested for being under the influence of a controlled substance on private property. I realized the next day that I wasn't read my rights, should I tell the judge when I go to my arraignment?

Asked on 7/28/13, 12:34 am

5 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro
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There is no requirement that an officer to read you your Miranda rights. Reading the Miranda rights is only necessary if you are interrogated while you are in custody and the DA plans to use the statements you made in court against you. What you need right now is an attorney to represent you. If you cannot afford an attorney the judge will appoint an attorney prior to your arraignment.

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Answered on 7/28/13, 12:41 am
Edward Hoffman Law Offices of Edward A. Hoffman
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The lack of a Miranda warning is not a get out of jail free card. All it does is prevent the prosecutor from using against you any statements you made in response to police questioning while you were in custody. All other evidence will still be usable. It's quite likely that you weren't questioned while in custody or that, even if you were, your answers are not crucial to the prosecutor's case against you.

You need a lawyer. The outcome of your case could have long-term consequences. A lawyer will be far better able to protect your rights than you could on your own.

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Answered on 7/28/13, 12:47 am
Kelvin Green The Law Office of Kelvin Green
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My colleagues are correct ...hire an attorney

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Answered on 7/28/13, 1:01 am
Anthony Roach Law Office of Anthony A. Roach
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I agree with the previous responses. You need to get your head out of TV and movie law, and into real law. Getting an attorney can help with that.

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Answered on 7/28/13, 10:02 am
Terry A. Nelson Nelson & Lawless
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Sure, feel free. It will convince the judge you don't know how to defend yourself in court, and insure he recommends you get an attorney.

Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. You would have an evidence suppression issue to raise in a Motion if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges donít like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

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Answered on 7/28/13, 12:52 pm

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