Los Angeles, CA asked in Criminal Law and Civil Rights for California

Q: If you are arrested before u are arrested do your rights have to be read to you

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2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Sacramento, CA
  • Licensed in California

A: Technically speaking, no, they do not. However, if the police intend to question you--and use those statements against you--they must read you your "Miranda" rights, which includes admonishing you of your right to remain silent and that anything you say can, and will, be used against you in a court of law; and that you have a right to an attorney--and that, if you cannot afford an attorney, one can be appointed to you at no cost.

James R. Dickinson
James R. Dickinson
Answered
  • Criminal Law Lawyer
  • San Bernardino, CA
  • Licensed in California

A: Miranda warnings are given when a suspect is subjected to custodial interrogation. Speak with a local attorney to explain more and to obtain legal advice. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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