Miranda Rights Law
The law of interrogation is complex and fact specific. If you believe your rights
have been violated we can help see to it that the police do not benefit from the
violation. Below is a brief synopsis of the law as it relates to the subject area:
After a suspect has been informed of his or her rights, the police may wish to ask
the suspect questions. It is at this point that suspects must invoke their right to
remain silent and/or their right to have counsel present. A suspect that does not
invoke either right will be subject to further questioning. Note that if the suspect
gives a response to questioning that is ambiguous but may be construed as invoking
either the right to remain silent or the right to counsel, the officers conducting the
questioning are not required to clarify the response, and may continue questioning.
Officers must stop all questioning only if there is an unambiguous, unequivocal
request for counsel.
Suspects must be informed of their Fifth Amendment rights once they are in
custody. Any statement made by a suspect in custody before he or she is apprised
of these rights will be inadmissible. Suspects must be informed of the following:
decision. A warning is sufficient as long as it reasonably conveys the above rights
to the suspect, regardless of whether or not the officer quotes the Miranda decision
verbatim.
A suspect is only accorded the Miranda protections during a custodial interrogation.
Both elements (i.e., custody and interrogation) must be present before the
requirement that the warnings be given arises.
Interrogation is referred to as questioning initiated by law enforcement officers--
either direct questioning or its functional equivalent. The term interrogation refers
not only to express questioning, but also to any words or actions on the part of the
police (other than those normally attendant to arrest and custody, e.g., “routine
booking questions”) that the police should reasonably expect to elicit an
incriminating response.
The Fifth Amendment only provides protection for suspects from being forced to
give testimony that is self-incriminating. Suspects may still be forced to provide
evidence that is not testimonial in nature. Thus suspects may be forced to provide
answers to booking questions, such as name, address, and telephone number.
Suspects may also be forced to allow the taking of physical evidence such as voice
exemplars, handwriting samples, blood samples, hair samples, or evidence of
physical characteristics
For more detailed information regarding this area of criminal law, contact our local
office for help in your case:
Burbank Criminal Defense Lawyers
Pasadena Criminal Defense Lawyers
Glendale Criminal Defense Lawyers
have been violated we can help see to it that the police do not benefit from the
violation. Below is a brief synopsis of the law as it relates to the subject area:
After a suspect has been informed of his or her rights, the police may wish to ask
the suspect questions. It is at this point that suspects must invoke their right to
remain silent and/or their right to have counsel present. A suspect that does not
invoke either right will be subject to further questioning. Note that if the suspect
gives a response to questioning that is ambiguous but may be construed as invoking
either the right to remain silent or the right to counsel, the officers conducting the
questioning are not required to clarify the response, and may continue questioning.
Officers must stop all questioning only if there is an unambiguous, unequivocal
request for counsel.
Suspects must be informed of their Fifth Amendment rights once they are in
custody. Any statement made by a suspect in custody before he or she is apprised
of these rights will be inadmissible. Suspects must be informed of the following:
- You have the right to remain silent.
- Anything you say can and will be used against you in court.
- You have the right to consult with an attorney and have an attorney present
during questioning. - If you cannot afford an attorney, one can be provided to you before
questioning at no cost.
decision. A warning is sufficient as long as it reasonably conveys the above rights
to the suspect, regardless of whether or not the officer quotes the Miranda decision
verbatim.
A suspect is only accorded the Miranda protections during a custodial interrogation.
Both elements (i.e., custody and interrogation) must be present before the
requirement that the warnings be given arises.
Interrogation is referred to as questioning initiated by law enforcement officers--
either direct questioning or its functional equivalent. The term interrogation refers
not only to express questioning, but also to any words or actions on the part of the
police (other than those normally attendant to arrest and custody, e.g., “routine
booking questions”) that the police should reasonably expect to elicit an
incriminating response.
The Fifth Amendment only provides protection for suspects from being forced to
give testimony that is self-incriminating. Suspects may still be forced to provide
evidence that is not testimonial in nature. Thus suspects may be forced to provide
answers to booking questions, such as name, address, and telephone number.
Suspects may also be forced to allow the taking of physical evidence such as voice
exemplars, handwriting samples, blood samples, hair samples, or evidence of
physical characteristics
For more detailed information regarding this area of criminal law, contact our local
office for help in your case:
Burbank Criminal Defense Lawyers
Pasadena Criminal Defense Lawyers
Glendale Criminal Defense Lawyers
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BURBANK CRIMINAL DEFENSE
Local Law Office
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
