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Fighting for your Miranda Rights in California

Miranda Rights in San Luis Obispo, CA

Countless courtroom dramas and police procedures have made us all acquainted with the term “Miranda Warnings.” It is important for individuals to realize that they have a right to stay quiet when they are detained by the police.

Sadly, many individuals have a misconception regarding warnings and when warnings are necessary. This is unfortunate. There’s no guarantee that your charges will be dismissed if the police don’t deliver you a Miranda warning when you’re arrested. Rights only apply to police interrogations if the suspect is being held in custody.


Please call 805 Law Group if you were arrested in California and want to learn more about your legal rights in the state. Your criminal defense lawyer will work hard for your defense, and that includes assessing if your Miranda Rights have been violated.

Contact the 805 Law Group at (805) 466-4800 today!

What are Miranda Rights in California?

The term “Miranda rights” was created in the Supreme Court decision Miranda v. Arizona (1966). (1966). Ernesto Miranda was questioned by policemen for two hours after being taken into custody without his counsel or being notified of his right to an attorney. Miranda signed a written confession and was convicted following a trial.

An opinion of the Supreme Court recently said that the Fifth Amendment privilege against self-incrimination was intended to preclude compelled self-incrimination. Without safeguards, the prosecution cannot use statements garnered during an interrogation. As a result, a defendant must be notified that:

  • The right to stay quiet is guaranteed by the Constitution.
  • In court, everything the defendant says may be used against them.
  • The right to have a counsel present; and
  • Prior to interrogation, if the defendant cannot afford a counsel, one will be assigned.


When I was taken into custody, the police did not read me my Miranda rights. Is My Case Going to Be Dropped?

When someone is arrested, it doesn’t imply the police have to give them a heads-up. Custodial interrogation requires Miranda warnings. This implies that police must read the individual’s rights if they are:

  • Under police custody; and
  • Being interrogated.

When the police arrest or take someone into custody, they are commonly referred to as being in police custody.

The suspect may not be able to receive Miranda warnings until the police begin questioning the defendant. After an arrest, a person’s Miranda rights may be disregarded for hours or days. The suspect must be given the Miranda warning before police may interview him in a manner that might incriminate the suspect.

What does it mean to be Mirandized?

The Miranda Warning, often known as being ‘Mirandized,’ is delivered in a straightforward manner:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights and DUI Arrest in CA

Drivers in California often inquire about warnings and DUI arrests. When a person is arrested for drunk driving or drugged driving in California, the police may or may not read them their Miranda rights.

When a drunk motorist is pulled over by police, they may not need to interview the driver at all. Unless you’re going to be detained, you don’t have to go through the Miranda warning process. It is possible that you will not be informed of your Miranda rights if you are asked to submit to a preliminary breath or field sobriety test.

When you’re in police custody and they’re asking you questions that might lead to incrimination, you’re entitled to a Miranda warning. The police and California Highway Patrol (CHP), on the other hand, do not always follow the regulations. If you have any doubts about whether the cops violated your constitutional rights, speak with a California DUI attorney about the implications on your case.

Can I waive my Miranda Rights in San Luis Obispo, CA?

The Miranda warning may be read to a suspect before an interrogation begins. The suspect may have abandoned their right to have a lawyer present during questioning by stating their rights. A lawyer can protect your rights in these situations.

When the police question a suspect, they may be looking for specific information or statements. Many people feel that they should talk to the police even if they haven’t done anything wrong. In spite of this, a person’s comments may be misinterpreted and used against them, even if they are harmless.

At any time during questioning, you may ask for counsel. A police officer’s request for your cooperation does not mean that you have waived your right to an attorney. You may inform the police that until you speak to your lawyer, you will not say anything. The police should stop questioning you and allow you to consult with your attorney.

Do I need a Criminal Defense Lawyer in California?

A common misunderstanding about the Miranda warnings is that if you invoke them, the police or prosecution would supply you with counsel. However, if you cannot afford a lawyer, one will be assigned to you. Financial hardship or restricted resources may be required, and a judge may have to grant this request. There is no guarantee that the state will provide counsel for you just because you lack financial resources.

It is imperative that anybody facing criminal accusations consult with an attorney who is well-versed in criminal law and will aggressively defend his or her client’s interests.

Right to a Criminal Defense Lawyer in California

Our Criminal Defense Lawyers at 805 Law Group have years of experience defending clients. Prior to speaking with police enforcement, suspects are entitled to have counsel present, and it is in your best interest to have one available. Contact 805 Law Group right away once you or a family member has been arrested in San Luis Obispo, California.

Get the personal attention you deserve in your miranda case – call our firm at
(805) 420-7547