Legal Question in Criminal Law in California

I was arrested and read my mirranda rights. the officer then asked me if i understand those rights i answered yes sir, and remained silent. the officer then started walking me into the jail. while i was being booked he started asking me questions about the alleged crimes that i was being arrested for. he was also asking me questions for booking purposes aswell. i was never asked if i give up any rights. can i get my statments supressed. if so what are chances?

Asked on 9/26/09, 1:33 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Under the factual scenario you have presented, there is no legal authority to suppress your statements.

The Miranda warnings are based on your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel. The officer advised you of those rights and you said you understood them.

When the officer started asking you questions, you answered. The courts consider that a waiver of your rights to remain silent and have an attorney present during questions.

That's one of the games cops play. If he had asked if you wanted a lawyer and you said you did, he could not have questioned you further.

They can also ask booking questions that are not likely to generate an incriminating response, even if you have specifically invoked your rights.

In the future, remember this line: "Officer, I respectfully decline to answer any questions unless I have an attorney present to represent me." Then stick to it!

Keep in mind that this is a general discussion of criminal law principles, not specific legal advice, and it does not create an attorney-client relationship. There may be other factors that are not mentioned in your brief statement of facts that could change the analysis. You should talk to a criminal defense attorney who practices in your area. If you can't afford an attorney, ask the court to appoint the Public Defender to represent you.

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Answered on 9/26/09, 3:50 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Marshall. There is no good reason to exclude answers freely given by someone who has been told of his right to remain silent. That you didn't expressly waive that right is irrelevant, since an express waiver is not required.

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Answered on 9/26/09, 8:09 pm

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