San Jose, CA asked in Criminal Law for California

Q: 1 if already arrested sitting in jail Can a district attorney question you without proper counsel or is this an ethical

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: In a custodial setting post arrest, the DA would have been required to give you a Miranda warning before any questioning. If none was given, any statements given by you can be suppressed.

The issue will be proving that the DA questioned you. It's is quite unusual for a DA to question a suspect. When did the interrogation take place (before or after your Arraignment)? Was anyone else present? Was the interrogation recorded?

If you do not have a criminal defense attorney, I suggest you get one ASAP. If you were appointed a Public Defender, notify your PD.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

you can refuse to talk to anyone.

i would say that my lawyer has advised me not to talk to anyone without his permission. Give me your number and let me call my lawyer and get back to you.

the court should have appointed an attorney if you did not hire one. Tell your atty about this.

if you have a lawyer already they can NOT talk to you without your lawyer.........so there is more to it.

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