Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Know Your Rights: Discover Why Miranda Warnings Do Not Apply During Booking

Most people know that they have the right to remain silent and that anything they say can and will be used against them in a court of law. What many people do not realize is that there are more Miranda rights – and they do not apply during booking. To learn more about this potential issue, keep reading. If you have been charged with a crime, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The Way Courts View Booking

It is true that a defendant in a criminal case is guaranteed the right to legal representation by the United States Constitution. It is also true that this legal representation applies to every critical stage of the criminal proceeding. However, note that the courts do not consider booking a “critical stage” of the proceedings – they consider it nothing more than a routine administrative procedure. As a result, you do not have a right to an attorney during booking.

Consider this example: A man is arrested for drug crimes. He is taken to jail where he refuses to take part in the booking process. He demand that the police give him the opportunity to first call his attorney. The police are under no legal obligation to allow him to do that. In fact, they do not have to allow him to contact an attorney until the booking process has been completed.

What to Do During the Booking Process

You do not have the right to an attorney during the booking process but this does not mean that you are required to answer questions about your case. You should answer booking questions, such as your height, name, address, etc. That said, you should not discuss your case with the police. The issue with this is that the booking process can be long, embarrassing, and can leave a suspect vulnerable.

Too often, suspects end up talking to the police more than they should. These are voluntary statements and they can be used in court as evidence. For this reason, we strongly urge anyone being booked to work hard to not talk to the police about their case until their attorney has arrived.

You Can Make a Call When the Booking Process is Completed

California allows for a free local call as soon as you are done with the booking process. You may call a friend or relative, but we recommend you contact Law Office of Michael L. Fell at (949) 585-9055 as soon as ever. However, when you call us, do not get into the specifics of the case. Police officers may overhear you, or they may monitor the call. Until you have hired an attorney, you do not have attorney / client privilege.