Miranda Rights
You Can’t Sue Police for Violating Your Miranda Rights
The Case of Vega v. Tekoh The case of Vega v. Tekoh involved a sexual assault investigation at a medical facility in Los Angeles. The prime suspect, Terence Tekoh, worked at the facility and was interrogated by a deputy sheriff, Carlos Vega. Vega did not provide Tekoh with his Miranda rights, which are a type of notification given by police officers to suspects in custody advising them of their right…
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Minors Under 16 Must Consult with Legal Counsel Before Waiving Miranda Rights
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 that took effect on January 1, 2018 amended Welfare and Institutions Code Section 625.6 to…
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How Police Misconduct Could Lead to False Confessions
When you are placed under arrest, you have certain rights. One of the most important rights you have is the right to remain silent. However, police will sometimes try to take advantage of you so that you fail to exercise this right. But what happens if you did not know you had the right to remain silent? Can what you say be used against you even if police failed to…
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Should Police be Required to Videotape Interrogations?
California Gov. Jerry Brown has until mid-October to act on a bill that would require law enforcement to videotape interrogations of minors suspected or accused of murder. SB 569, which was introduced by Sen. Ted Lieu, is aimed at protecting minors from being coerced into confessions by investigators and reducing the chances of wrongful convictions. The bill recently won the approval of the state Assembly and the Senate. If you…
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Should I Ever Speak to the Police About a Crime Without My Lawyer Present
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 police must issue a Miranda warning to a suspectin a criminal process: 1. The suspect…
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A New Wrinkle On “Miranda Warnings”. A Good Example Of When Authorities Go Too Far
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) If you cannot afford an attorney, one will be provided for you. In October, a…
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Can criminal charges be dismissed against me because the police did not read me my “Miranda rights?
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 police questioning them about their possible involvement in criminal activity. The police are very clever…
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Supreme Court Rules Age Is Significant When Law Enforcement Questions Suspects
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 homes and stealing items. The United States Supreme Court's decision in the Miranda case established…
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I Got Arrested In Riverside And The Cop Didn’t Read Me My Miranda Rights. Can I Get My Case Dismissed?
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 in a criminal case. The Miranda rule only comes into play when two things happen.…
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Roadside Detention, Interrogation and Miranda
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 has been taken into custody or otherwise deprived of his freedom of action in any…
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