Legal Question in Criminal Law in California

I called 911 and asked for someone to come to my home to do a welfare check on my son. I thought he might be under the influence and wanted to kill himself. They sent 3 police officers who took him outside and questioned him about if he was a danger to himself. he stated he wasn't and they asked him if he was high. He then requested an attorney. Another officer came inside and told me they werent social services and I said I would talk to my son about drugs and take him to someplace for help the next day.They then told me they were going to arrested my son and hold him six hours. My son requested an attorney 3 times before answering any more questions but he was intimadated by the 3 big officers and was taken to jail. At jail they requested a blood sample which he again asked for attorney 3 or more times before being intimadated into giving a blood sample. This is in Visalia, Ca. My question is any of this admissible in court since he was never given the chance to speak with an attorney when he asked for one many times before giving in to the police which he was scared of.


Asked on 2/29/16, 12:58 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case.

Hypothetically, if the court were to find a Miranda violation, then any statements get thrown out. The officers' observations may still be admissible. The blood test requires further analysis, but the specific facts of the case will determine if it is admissible or not.

Search issues are very fact dependent. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

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Answered on 2/29/16, 11:22 pm


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