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Not read my rights

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Babswat

Junior Member
What is the name of your state (only U.S. law)? California
I was arrested for under the influence last Friday in Danville California in Contra Costa County, I was NOT read my rights. I believe that if my rights were not read to me that the case is not admissible in court? Please advise as to what I should do now.

Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California
I was arrested for under the influence last Friday in Danville California in Contra Costa County, I was NOT read my rights. I believe that if my rights were not read to me that the case is not admissible in court? Please advise as to what I should do now.

Thanks!
Real life is not like what you see on COPS. Your rights do not have to be read if you're not questioned.
 

CdwJava

Senior Member
I was arrested for under the influence last Friday in Danville California in Contra Costa County, I was NOT read my rights. I believe that if my rights were not read to me that the case is not admissible in court? Please advise as to what I should do now.

Thanks!
You need to speak with an attorney.

But, the rights issue - as previously explained - is not an issue at all.

Miranda rights are only necessary when both custody (an arrest) and interrogation exist. If the state does not intent to use any statements made after your arrest against you, they do not have to read you your Miranda rights.

- Carl
 

Antigone*

Senior Member
You need to speak with an attorney.

But, the rights issue - as previously explained - is not an issue at all.

Miranda rights are only necessary when both custody (an arrest) and interrogation exist. If the state does not intent to use any statements made after your arrest against you, they do not have to read you your Miranda rights.

- Carl
Carl,

You don't happen to work out of Danville, do you?:eek:
 

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