December 21, 2009 By Wallin & Klarich

This is a continuation of our blog from yesterday and it provides you with additional critical information as to the issue of when law enforcement must read you your Miranda rights.

An analysis of the facts of your case will help answer the question of whether you were “in custody” for Miranda purposes. The time, length, and location of the interrogation are all significant factors that must be analyzed. Your attorney should also analyze the number of officers involved in the questioning, and the presence of the suspect’s attorney or other non-law enforcement personnel who may have been present during questioning.

Courts consider four general factors in deciding the custody question. The first factor to consider is the site of the interrogation; the second is whether the investigation was focused on the suspect; the third is whether the objective signs of arrest, such as handcuffs, weapons displayed, and statement of arrest were present; and the fourth is the length and form of the interrogation. (United States v. Salvo, 523 U.S. 1122, 1998).

The best advise you can be given is NEVER SPEAK TO LAW ENFORCEMENT. However, if you have done so then it is essential to speak with a knowledgeable criminal defense attorney to do all they can to keep your statements to the police from coming into evidence against you. An attorney will ensure your constitutional rights are protected. If you or someone you love is being investigated or facing criminal charges in California, contact the experienced Southern California criminal defense lawyers at Wallin & Klarich today at 1-888-280-6839 or for a consultation of your case. We can help you.

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