California Arrest and Questioning Rights
Motions for Challenging Inadmissible Statements
If you have been charged with a criminal offense, the prosecution will
attempt to bring forth any and all information that may incriminate you,
including your own statements during your arrest. At The Law Office of
Barney B. Gibbs, we believe that if these statements were obtained while
violating your rights, they should not be used against you. Our Anaheim
criminal defense lawyer can help you submit
motions to challenge an inadmissible statement.
Barney B. Gibbs has experience representing clients in more than 2,500
cases over a 30-year career in
criminal law. Through his experience, he has gained a wealth of knowledge and skills
that allows him to provide aggressive and efficient defense counsel to
all of his clients. He makes himself available 24/7 and will work with
you on your case directly to ensure that your rights are protected.
The Miranda Rights
Under the Fifth Amendment of the United States Constitution, each citizen
is protected from self-incrimination during an arrest and questioning.
This means that you do not have to say anything that might be used against
you in a criminal proceeding. If you are arrested, a police officer is
required to give you your Miranda Rights, which is a warning against self-incrimination
so that you understand your rights under the Fifth Amendment. Furthermore,
it must be made clear that you understand your rights, which means that
if you do not speak English, they must be read in a language you do speak.
The Miranda Warning must include the following:
- Your right to remain silent
- The admissibility of your statements
- Your right to counsel
Any statements or answers given to a police officer before your Miranda
Rights have been given to you and understood are inadmissible in a court
of law. This is contingent upon the status of custody, which is determined
based on factors such as the presence of obvious signs of arrest, length
and format of questioning, location of the interrogation, and the focus
on the subject of the investigation.
What statements upon arrest are inadmissible?
The admissibility of statements is determined by whether or not they were
voluntary. Any statements made before your rights were read are assumed
to be involuntary and are, therefore, inadmissible. Additionally, any
responses to questions from a probate officer are mandatory, which means
they cannot be used against you. California also bars the admission of
any responses to routine booking questions that could be incriminating.
When stopped by a police officer and questioned about consumption of alcohol,
it can be considered an interrogation and your responses may be inadmissible.
However, it can be difficult to argue the admissibility of responses made
during a field sobriety test, as it is not considered a form of communication.
Verbal responses are typically unnecessary and can be considered voluntary
and admissible. Furthermore, refusal to take a sobriety test may be used
against you in court. Statements will not be considered inadmissible because
they were made in a drunken state.
Your Rights During Questioning
An additional purpose of the Miranda rights are to protect you from coercion,
or police influence over information gathered. Unless the Miranda rights
were given and waived, any evidence or information obtained through intimidation
or abuse to a defendant is inadmissible. When arrested for a criminal
offense, you have the right to have an attorney present during questioning
so that you have a legal advocate to defend you against coercion.
If you are unable to retain private counsel, the court will appoint one
for you; however, this can put you at a disadvantage, as you do not get
to select a lawyer who will have your best interests in mind. Our Anaheim
criminal lawyer, Barney B. Gibbs, has sat through numerous interrogations
and knows how to recognize violations of your rights.
Get 24/7 Legal Guidance from Our Firm
With help from an Orange County criminal defense attorney at The Law Office
of Barney B. Gibbs, you can submit a motion to ensure that no inadmissible
statements are used against you and influence the outcome of your trial.
We are happy to provide flexible payment options and payment plans, as
we know the importance of having a competent and compassionate attorney
at your side. Our firm is ready to defend your rights.
Call us today for your
free case evaluation!