One of the first things Law Office of Michael L. Fell will do when we consider your case is to look at the evidence that the police obtained and any information they learned during an interrogation. It is not uncommon for us to be able to have both pieces of evidence thrown out due to police misconduct.

We want to make sure that every California citizen understands their rights during a police interrogation. Read on to get answers to some of the most frequently asked questions and then contact us at (949) 585-9055 for a free case evaluation with a criminal defense attorney.

If the police stop me at random am I legally obligated to answer their questions?

The police can stop you if they have reason to believe that you’ve been involved in a crime. That said, you do not have to answer any of their questions. You are protected by the Fifth Amendment from being required to say anything. There is one exception: California law says that you must give your name if asked. If the police ask you questions about any crime, the only piece of information they are entitled to is your name. Do not tell them more without speaking to an attorney.

The police didn’t read me a Miranda warning – does that mean my case will be dismissed?

No. Many people believe that the police must give you a Miranda warning during your arrest and that if they don’t, their case will be dismissed. The truth is that reading them to you is simply to remind you of those rights. The police are not required to do so.

That said, if the police are looking for spoken or self-incriminating information from you with the intention to use it during a trial, then they are required to read Miranda warnings. If they get information from you without reading you your Miranda rights then that evidence cannot be used at trial. In short: They can arrest you without reading you your Miranda rights but they can’t use any information obtained during an interrogation if they didn’t read them to you first.

Can I change my mind after I’ve agreed to be questioned by the police?

Yes. Your Miranda rights include the right to stop an interrogation whenever you want. You can refuse at any time to continue asking questions – even if you’ve already waived your right to remain silent. You can also ask for an attorney at any time.

What do I do if the police want to interrogate me?

If the police ask to speak to you about any crime you were involved in, or that they suspect you were involved in, then it’s imperative you contact an attorney right away. For example, even if you only knew that your friend was going to commit arson and weren’t involved in the fire itself, you could still be held accountable because you knew before the act was committed. This is why you should contact Law Office of Michael L. Fell at (949) 585-9055 as soon as possible for your free case evaluation.