Legal Question in Administrative Law in California

Re: maranda rights

The right to shut up and get an attorney before confessing and convicting yourself.

Re: maranda rights

I am not a criminal law attorney, but The Supreme Court ruled several decades ago that when the police decide that they are going to take someone into custody on suspicion of breach of a criminal law they must firxt advice that person that anything they say could and can be used against them, they have the legal right to remain silent and not answer any of the questions asked of them [I think they may have to answer simple questions, such as who they are, that would not be harmful to them], and that they have a right to have an attorney present at any questioning and if they can not afford an attorney one will be appointed for them and they can remain silent until that attorney is present. If a police officer hears a shot, turns around and sees someone with a smoking gun in their hand, and says "What's going on?", and the person says "I just shot my wife", that statement is admissible because the officer had not formed the intent to take the person into custody. The purpose of Miranda is that once someone is going to be arrested they are protected from incriminating themselves by talking under police questioning when legally they do not have to say anything.