Minors Under 16 Must Consult with Legal Counsel Before Waiving Miranda Rights

By: Wallin & Klarich

Your child is accused of breaking the law while at school. The police arrive and begin questioning your child. Using interrogation tactics, police coerce your child into confessing to a crime he or she did not actually commit. How can this happen? Unfortunately, minors don’t have all the same rights as adults. However, a law …

Posted In: Miranda Rights
Tagged: Miranda Rights

Should I Ever Speak to the Police About a Crime Without My Lawyer Present

By: Wallin & Klarich

It is never a good idea to speak to the police without a lawyer. Many people incorrectly believe that the police have to read you your “Miranda rights” before they question you. However, what many people do not understand is that the formal Miranda warnings are only required if two prerequisites are met. Before the …

Posted In: Miranda Rights

A New Wrinkle On “Miranda Warnings”. A Good Example Of When Authorities Go Too Far

By: Wallin & Klarich

When it comes to “Miranda Warnings” the basics are simple: Any time you are legally “in custody” and authorities wish to question you, the following must first be advised: (1) You have the right to remain silent (2) Anything you say can be used against you (3) You have the right to an attorney (4) …

Posted In: Miranda Rights

Can criminal charges be dismissed against me because the police did not read me my “Miranda rights?

By: Wallin & Klarich

Many people who are accused of a crime ask our law firm if they can have their charges dismissed because the police didn’t advise them of their “Miranda rights”. The answer in most cases is no. The “Miranda warnings” must be given by the police to a suspect who is in “custody” prior to the …

Posted In: Miranda Rights

Supreme Court Rules Age Is Significant When Law Enforcement Questions Suspects

By: Wallin & Klarich

The case before the United States Supreme Court dealt with whether a 13-year-old boy should have been notified of his “Miranda” rights. Including telling him he need not answer questions before being questioned by police officers. The boy was suspected of committing several burglaries. After first denying any involvement, the minor admitted breaking into several …

Posted In: Miranda Rights

I Got Arrested In Riverside And The Cop Didn’t Read Me My Miranda Rights. Can I Get My Case Dismissed?

By: Wallin & Klarich

Many people who are arrested for DUI in Riverside complain that the arresting officer never read them their Miranda Rights and ask whether they can get the case thrown out because of this. In order to understand the answer to this question you first must understand what the Miranda rule is and when it applies …

Posted In: Miranda Rights

Roadside Detention, Interrogation and Miranda

By: Wallin & Klarich

Once a vehicle stop has been made and a DUI investigation has commenced, the issue arises as to when a DUI suspect is “in custody” for purposes of the landmark case Miranda v. Arizona. The Miranda Court repeatedly made clear that “by custodial interrogation, we mean questioning initiated by law enforcement officers after a person …

Posted In: Miranda Rights

Why do Cops Violate Your Constitutional Rights when they encounter you?

By: Wallin & Klarich

The simple answer is because there are some cops that will violate your rights because they refuse to follow the law. However, other police officers will violate your rights because they know that the conservative majority on the United States Supreme Court will likely support their conduct. Let me give you just one quick example …

Posted In: Miranda Rights