Arrested in California? Know Your Rights!

Many people have heard of “Miranda Rights” in correlation with police shows and movies. “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” most of us have heard it all before. However, how many people actually know the Miranda Rights? If you are arrested, it’s important to understand all of the rights you have.
Miranda Rights

In the Supreme Court case of Miranda v. Arizona (1966), the court established a requirement for police officers to notify a person of certain rights after an arrest. The court found that these rights were simply a reinforcement of the Fifth and Sixth Amendments, which are the right against self-incrimination and the right to an attorney.

 

After an arrest is made and before someone is questioned by law enforcement, a person must be read their Miranda Rights as followed:

 

“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 a lawyer, 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?”

What if your Miranda Rights are violated?

If your Miranda Rights are violated, there is legal recourse available. An attorney can help you file a “motion to suppress evidence,” which will claim that any statements you made to the police under those circumstance were illegally obtained. If the motion is granted, those statements will be thrown out.

 

Many people believe that if there was a violation of Miranda Rights, that an entire case is thrown out. This is a misconception. A violation of Miranda Rights has the possibility of getting an entire case thrown out. However, it only means that any statement you made during the violation is thrown out.

 

No matter what the case may be, our attorneys are here to uphold your legal rights. Talking to an experienced attorney about the details of your situation can help ensure your rights are protected during arrests and questioning.

Sign Up For Expert Attorney Insights

Recent Posts

Wrongful Death Actions

Wrongful Death Actions

Wrongful Death Actions The death of a loved one is a life altering event. Even more so, when the circumstances of that death are wrongful.

Sign up for our newsletter!

Schedule a Free Consultation

‪(858) 345-6289‬ 

or call us any time

LOCATIONS

Downtown: 401 W A St, San Diego, CA 92101

Pacific Heights Blvd: 9920 Pacific Heights Blvd UNIT 150, San Diego, CA 92121

High Bluff Drive: 12526 High Bluff Dr, San Diego, CA 92130

available from 10:00 – 19:00

We are a full service Personal Injury Law Firm with offices in Downtown San Diego and Carmel Valley. Reach out and an experienced attorney will be ready to provide a free consultation for your case.

LOCATAIONS

Downtown: 401 W A St, San Diego, CA 92101

Pacific Heights Blvd: 9920 Pacific Heights Blvd UNIT 150, San Diego, CA 92121

High Bluff Drive: 12526 High Bluff Dr, San Diego, CA 92130

HOURS

Contact Us

en_USEnglish
Scroll to Top