Criminal Defense
Miranda Rights in California
What Are Miranda Rights?
Miranda rights come from Miranda v. Arizona (1966). Before custodial interrogation, police must advise you: you have the right to remain silent; anything you say can be used against you; you have the right to an attorney; if you cannot afford one, one will be appointed. These warnings protect your Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.
Custody
You are in "custody" when a reasonable person in your situation would not feel free to leave. This includes formal arrest, handcuffing, or being held at a police station. Traffic stops may or may not be custodial depending on the circumstances.
Interrogation
Interrogation means questioning or conduct by police that is reasonably likely to elicit an incriminating response. It includes direct questions and sometimes casual conversation designed to get you to talk.
What Happens If Miranda Is Violated?
If you were in custody, were interrogated, and were not given Miranda warnings (or validly waived them), your statements may be suppressed. Your attorney can file a motion to exclude those statements. The prosecution cannot use them at trial. This can weaken or destroy the government\'s case.
Invoking Your Rights
You can invoke your right to remain silent at any time. Say clearly: "I am invoking my right to remain silent. I want a lawyer." Once you do, questioning must stop. Do not answer "just one more question" or engage in small talk—it can be used against you.
Frequently Asked Questions
When must police read Miranda rights?
Police must read Miranda warnings before custodial interrogation. "Custody" means you are not free to leave. "Interrogation" means questioning reasonably likely to elicit incriminating responses. If you are not in custody or not being interrogated, Miranda may not apply.
What if police did not read my Miranda rights?
Statements made during custodial interrogation without proper Miranda warnings may be suppressed (excluded from trial). The prosecution cannot use them against you. However, physical evidence or statements from other witnesses may still be admissible.
Can I waive my Miranda rights?
Yes. If you voluntarily waive your rights and choose to speak, your statements can be used against you. The safest approach is to invoke your right to remain silent and request an attorney. Say: "I am invoking my right to remain silent. I want a lawyer."
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